Patna High CourtCR. MISC./66601/2024bail granted

Jaleshwar Ray @ Jaleshwar Rai v. The State Of Bihar

2024-09-21Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66601 of 2024 Arising Out of PS. Case No.-172 Year-2024 Thana- TAJPUR District- Samastipur ====================================================== Jaleshwar Ray @ Jaleshwar Rai S/o Yogendra Ray @ Yogendra Rai @ Yogendar Ray R/O- Maksudpur, P.S-Minapur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar, Adv.

For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-09-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Tajpur P.S. Case No. 172 of 2024 dated 06.07.2024 registered for the offences punishable u/s 336(3) and 338 of the Bhartiya Nyaya Sanhita and Section 30(a), 41(1) and 41(2) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 909 litres of illicit foreign liquor was recovered from the Tata Vehicle which was parked in the garage of the co-accused, Anil Singh.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.66601 of 2024(2) dt.21-09-2024 2/2 this case. The petitioner is the owner of the seized vehicle but the said vehicle was not being driven by the petitioner at the time of alleged recovery. The petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 17.08.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation levelled against the petitioner and the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Samastipur, in connection with Tajpur P.S. Case No. 172 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U