Ram Balak Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59386 of 2022 Arising Out of PS. Case No.-333 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== RAM BALAK RAY Son of Late Rajeshwar Ray R/V- Udapatti, P.S.- Musrigharari, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suneil Kumar Thakur, Advocate For the Opposite Party/s :

Mr.Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-01-2023 Heard the learned counsel for the petitioner and the learned APP for the State. The petitioner seeks regular bail in connection with Excise P.S. Case No.333 of 2022, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

The allegation is regarding recovery of 103.185 litres of liquor from the house of the petitioner.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 18.09.2022. The learned counsel for the

Patna High Court CR. MISC. No.59386 of 2022(2) dt.13-01-2023 2/3 petitioner has further submitted that the petitioner is having a fair antecedent inasmuch as he is an accused in only one other case, in which he is on bail. It is also submitted that the house in question belongs to the petitioner and his family members, hence, he cannot be solely saddled with the liability of the illicit liquor recovered from the house in question.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials on record as also considering the fact that the petitioner is having a fair antecedent and is languishing in custody since 18.09.2022, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail

Patna High Court CR. MISC. No.59386 of 2022(2) dt.13-01-2023 3/3 bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise)-02, Samastipur in connection with Excise P.S. Case No.333 of 2022.

(Mohit Kumar Shah, J) Kanchan/Sonal U T