Patna High CourtCR. MISC./67354/2023bail granted

Nayan Mukherjee v. The State Of Bihar

2023-10-17Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67354 of 2023 Arising Out of PS. Case No.-1272 Year-2023 Thana- Excise P.S. District- Gaya ====================================================== Nayan Mukherjee Son Of Rabindra Nath Mukerjee Resident Of Village - Badha Ghaghra, Police Station - Doranda, District - Ranchi (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailesh Kumar, Advocate For the State :

Ms.Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner and Mr. Suman Kumari Singh, learned APP for the State.

2. The petitioner seeks bail in connection with Excise P.S. Case No. 1272 of 2023 registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

3. As per the prosecution case, 279 litres of illicit foreign liquor has been recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner has no concern with the alleged occurrence and has been implicated in this case merely on suspicion. The petitioner is in custody since 14.07.2023. He further submits

Patna High Court CR. MISC. No.67354 of 2023(2) dt.17-10-2023 2/2 that the petitioner is ready to donate Rs. 25,000/- (Rupees Twenty five thousand only) in some charitable organization.

5. Learned A.P.P. for the State opposes the prayer for regular bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge, Court No. 1, Gaya in connection with Excise P.S. Case No. 1272 of 2023.

7. The petitioner's bail bonds shall be accepted only after he deposits Rs. 25,000/- (Rupees twenty five thousand only) in Ram Krishna Mission Sevashrama, Morabidi, Ranchi and produces the receipt of the same and after verifying the genuineness of the receipt the petitioners shall be released. (Sandeep Kumar, J) P. Kumar U T