Nandlal Rai @ Nandlal Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64209 of 2024 Arising Out of PS. Case No.-699 Year-2024 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Nandlal Rai @ Nandlal Ray, Son of Raghunath Ray Resident of VillagePatiyasa, P.S.- Ahiyapur (Garha O.P.), Distt.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Nitu Kumari For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-09-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 30(a) and 41 of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of ten cases and allegation is of recovery of 2750 litres of liquor from a truck.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and is not the owner of the seized truck and he came to be implicated at the instance of Chaukidar, but then, it is submitted that police in majority of cases implicating innocent persons either at the behest of

Patna High Court CR. MISC. No.64209 of 2024(2) dt.20-09-2024 2/2 Chaukidar, local person, secret informant and confessional statement in a mechanical manner without holding proper investigation. It is next submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically and at time to save the real culprits. It is also submitted that petitioner is in custody since 23.07.2024.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise Court No.1, Muzaffarpur in connection with Ahiyapur (Garha O.P.) P. S. Case No.699 of 2024.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T