Jagat Narayan Ray @ Jagatnand Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77434 of 2023 Arising Out of PS. Case No.-589 Year-2023 Thana- Excise P.S. District- Araria ====================================================== Jagat Narayan Ray @ Jagatnand Ray Son Of Munilal Ray Resident Of Village- Sahbajpur Dhamdaha Ward No. 14, Ps- Jogbani, Distt- Araria ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Nishant Kumar Sinha, Advocate For the State :

Ms. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Araria Excise Circle P.S. Case No. 589 of 2023 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3.

It is alleged that 180.75 litres illicit Nepali liquor has been recovered. Some of the persons fled away and petitioner has been apprehended.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 18-07-2023, and have no criminal antecedents.

5.

Learned counsel for the petitioner further submits that petitioner has been falsely implicated in this case. In fact, recovery is from an open place, which is accessible to one and

Patna High Court CR. MISC. No.77434 of 2023(2) dt.04-12-2023 2/2 all. Recovery is denied and disputed. Petitioner has no concern with the alleged illicit liquor. Petitioner has been arrested on mere suspicion.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and manner of recovery, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner 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 Court below/concerned Court in connection with Araria Excise Circle P.S. Case No. 589 of 2023, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T