Raghubir Ray @ Raghubir Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.482 of 2019 Arising Out of PS. Case No.-97 Year-2018 Thana- NIRMALI District- Supaul ====================================================== Raghubir Ray @ Raghubir Kumar Ray Son of Suresh Kumar Ray @ Suresh Ray Resident of Village-Majhri,P.S. Nirmali,Distt.-Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun, Adv.

For the Opposite Party/s :

Smt. Anita Kumari (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 09-01-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with S.T. Excise 549 of 2018, arising out of Nirmali P.S. Case No. 97 of 2018 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016. Informant who is a police officer has alleged that on receiving a secret information that Ajay Yadav and Sanjay Yadav are involved in trade of illicit liquor, raid was made at his house however both fled away and on search of his house 1284 liters of illicit liquor was recovered which was kept upon a pick-up van. Allegation against petitioner is that he is also involved in trade of illicit liquor in connivance with F.I.R. named accused.

Patna High Court Cr.Misc. No.482 of 2019(2) dt.09-01-2019 2/2 It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Nothing has been recovered from his possession and he has no criminal antecedent and is in custody since 04.11.2018.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-IInd-cum-Special Judge, Excise Supaul, in connection with S.T. Excise Case No. 549 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bonds.

(S. Kumar, J) Rajiv/- U T