Sanjeet Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63442 of 2022 Arising Out of PS. Case No.-613 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== Sanjeet Ray, S/O Late Triveni Rai, R/O Village- Sherpur, P.S-Maner, DistrictPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 13-01-2023 Today being Friday, matters are being taken up through virtual mode as per current procedure for hearing. Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Special Case No.4439 of 2022 arising out of Excise (Patna) P.S. Case No.613 of 2022 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. There is allegedly recovery of 70 litres country made wine and 8200 of Java Gur from the riverine area. It is submitted by the petitioner's counsel that the recovery is from an open place. The petitioner has been apprehended because of the fact that he was in the vicinity.

Patna High Court CR. MISC. No.63442 of 2022(2) dt.13-01-2023 2/3 Having no antecedents, he is in custody since 30.07.2022. Learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, manner of recovery, nature of allegation and the fact that investigation is complete, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (Excise), Patna, in connection with Special Case No.4439 of 2022 arising out of Excise (Patna) P.S. Case No.613 of 2022, subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if

Patna High Court CR. MISC. No.63442 of 2022(2) dt.13-01-2023 3/3 he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) PNM U T