Subodh Ray @ Subodh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71899 of 2021 Arising Out of PS. Case No.-186 Year-2019 Thana- KATHAIYA District- Muzaffarpur ====================================================== SUBODH RAY @ SUBODH KUMAR YADAV S/o Nagina Ray Resident of Village- Sadhanpura, P.S.- Kathaiya, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, on a raid being conducted while the accused persons managed to escape 117 litres of liquor was recovered. It is further stated that the petitioner was identified amongst the four accused persons who managed to escape.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the petitioner's possession who was not arrested at the spot. The petitioner has been falsely implicated in the case. He has no

Patna High Court CR. MISC. No.71899 of 2021(2) dt.28-01-2022 2/2 criminal antecedent and is in custody since 6.11.2021. Referring to the photocopy of the invitation card filed with the mention slip, it is submitted by learned counsel for the petitioner that the marriage of the petitioner's sister is fixed for 16.2.2022. It is further submitted that the petitioner shall cooperate in the investigation. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner not having any criminal antecedent and not having been arrested at the spot, the Court directs the petitioner to be enlarged on bail in connection with Kathaiya P.S. Case no. 186 of 2019 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Muzaffarpur. It is directed that the petitioner shall co-operate in the investigation and present himself before the Investigating Officer, as and when required.

(Partha Sarthy, J) Prakash/- U