Nawal Ray @ Nawal Rai @ Nawal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71043 of 2024 Arising Out of PS. Case No.-127 Year-2023 Thana- LALGANJ District- Vaishali ====================================================== Nawal Ray @ Nawal Rai @ Nawal Kumar S/o Rajgir Ray R/o VillageSalempur, Ward No 14, PS- Lal ganj, Distt- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nidhi Anand For the Opposite Party/s :
Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-10-2024 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 Vaishali Lalganj P.S. Case No. 127/2023 dated 16.03.2023 registered for the offences punishable u/s 30(a) (d) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 35 litres of liquid like substance was recovered from the plastic gallon from which smell of liquor was coming, 250 pieces of wrapper, 200 pieces of cap and 400 litres of raw jawa was recovered which was destroyed at the place of occurrence.
Patna High Court CR. MISC. No.71043 of 2024(2) dt.01-10-2024 2/3
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The recovery is from an open place which is accessible to anyone. The petitioner has eight criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 27.06.2024.
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 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, Vaishali at Hajipur in connection with Vaishali Lalganj P.S. Case No. 127/2023 with the condition:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every
Patna High Court CR. MISC. No.71043 of 2024(2) dt.01-10-2024 3/3 date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T