Jitendra Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63940 of 2024 Arising Out of PS. Case No.-131 Year-2024 Thana- FALKA District- Katihar ====================================================== Jitendra Ray, Son of Umesh Ray, R/o Village - Vikash Nagar Maranga, P.S - K.Hat, Purnea, District- Purnea ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajit Kumar Singh, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 11-09-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner seeks bail in connection with Falka P.S. Case No.131 of 2024 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.

3. The accused/petitioner is named in the FIR and is in custody since 16.07.2024.

4. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 132.390 liters of IMFL/country-made liquor.

5. It is submitted by learned counsel appearing for the petitioner that petitioner has been falsely implicated with

Patna High Court CR. MISC. No.63940 of 2024(2) dt.11-09-2024 2/3 present case, as he took a lift from the driver of alleged truck carrying consignment of illicit liquor for the short destination, where nothing surfaced during the course of investigation that petitioner was connected in any manner with alleged vehicle or illegal liquor, which alleged to be recovered from alleged white colour four wheeler. While concluding argument, it is submitted that petitioner is a man of clean antecedent.

6. Learned APP opposes the prayer for grant of bail to the petitioner.

7. In view of aforesaid facts and circumstances, as petitioner prima facie not appears to be connected in any manner with vehicle in issue or also with recovered illicit liquor, where petitioner is in custody since 16.07.2024, accordingly, the petitioner, above-named, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-cum-Excise Court No.2, Katihar in connection with Falka P.S. Case No.131 of 2024, subject to

Patna High Court CR. MISC. No.63940 of 2024(2) dt.11-09-2024 3/3 the conditions as laid down under Section 437(3) of the CrPC/under Section 480(3) of the BNSS.

(Chandra Shekhar Jha, J.) Sanjeet/- U T