Sudama Ray @ Sudama Kr. Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59949 of 2019 Arising Out of PS. Case No.-110 Year-2019 Thana- EKMA District- Saran ====================================================== SUDAMA RAY @ SUDAMA KR. RAY, S/o Late Jharilal Ray R/o villageRampur Bindalal Mathiya, P.S.- Ekma, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bishwajeet Singh For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-09-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Ekma P.S. Case no. 110 of 2019, registered under Section 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

The accusation is that in course of checking of the vehicle, Truck No. UP23T-5454 was stopped while driver of the truck started to flee away, but on chase he was apprehended, who disclosed his name Kulbir. On search of the truck, 280 cartons, each containing 48 bottles of 180 ML, 96 carton, each containing 12 bottle of 750 ML, Indian made foreign liquor recovered. The apprehended person also disclosed that he has carried the alleged liquor from Haryana and was to be unloaded at the house of Sudama Rai

Patna High Court CR. MISC. No.59949 of 2019(2) dt.23-09-2019 2/2 (Petitioner), Krishna Mohan Mahraj, Dharmendra Mishra, Banti Mishra and Dinanath Choudhary.

Learned counsel for the petitioner submits that it would appear from the F.I.R. that the name of the petitioner came in the confessional statement of Kulbir, driver of the truck from which the alleged Indian made foreign liquor are said to be recovered. Further submission is that petitioner is accused in five cases in which, he has already been enlarged on bail, due to that reasons, the informant implicated the petitioner showing his name in the confessional statement of Kulbir, driver of truck No. UP23T-5454.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge-XIcum- Special Judge, Excise, Saran in connection with Ekma P.S. Case No. 110 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T