Patna High CourtCR. MISC./68415/2024allowed

Akhilesh Ray v. The State Of Bihar

2024-09-20Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68415 of 2024 Arising Out of PS. Case No.-111 Year-2024 Thana- BAKHTIYARPUR District- Patna ====================================================== Akhilesh Ray S/o Bidyanath Ray @ Baijyanath Ray Resident of villageChariya, Bakhtiyarpur, P.S.- Bakhtiyarpur, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Bihari Singh, Adv For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 20-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends arrest in connection with Bakhtiyarpur P.S. Case No. 111 of 2024, dated 04.03.2024, instituted under Section 30(a) of the Bihar Excise & Prohibition Act.

3. The allegation is of recovery of total 1545 lites of semi prepared illicit liquor (Java) from two places near Ganga river Chirarura Deira and accordingly, two seizure list were prepared.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that nothing has been recovered from conscious possession or from the house of the petitioner.

Patna High Court CR. MISC. No.68415 of 2024(2) dt.20-09-2024 2/2 Illicit liquor was recovered from different places. Petitioner has no concern with the said places. It is further submitted that coaccused, namely, Gaya Ray, has been granted bail by this Court vide order dated 20.07.2024, passed in Cr. Misc. No.43835 of 2024. Petitioner has no criminal antecedent.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Barh, in connection with Bakhtiyarpur P.S. Case No. 111 of 2024, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

7. The applications stands allowed.

(Khatim Reza, J) sanjeev/- U T