Patna High CourtCR. MISC./61643/2023allowed

Vijay Roy @ Vijay Ray v. The State Of Bihar

2023-09-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61643 of 2023 Arising Out of PS. Case No.-176 Year-2023 Thana- MADHUBANI TOWN District- Madhubani ====================================================== VIJAY ROY @ VIJAY RAY son of Ram Kumar Ray @ Ram Kumar VillageNidhi Chowck Ganga Sagar W.No-40, Ps- Town Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhavesh Kumar Sah For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

3. According to the prosecution, there is recovery of 120 liters of illicit liquor from a tempo and the petitioner is said to have fled away from place of occurrence.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case on the basis of disclosure made by local people. Petitioner has no concern with the alleged recovery of illicit

Patna High Court CR. MISC. No.61643 of 2023(2) dt.15-09-2023 2/2 liquor or with the vehicle in question. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. It is further submitted that the petitioner is languishing in judicial custody since 6.8.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Town P.S. Case No. 176 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Addl. Sessions Judge cum-Special Judge, Excise Act, Madhubani.

(Sunil Kumar Panwar, J) Amandeep/- U T