Manish Ray @ Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76308 of 2024 Arising Out of PS. Case No.-254 Year-2024 Thana- ATHMALGOLA District- Patna ====================================================== 1.
Manish Ray @ Manish Kumar Son of Surendra Ray, Resident of VillageDhoukal Ray Tola Asawan, P.S.- Athmalgola, Distt.- Patna 2.
Lalu Kumar @ Lallu Ray Son of Daya Rai, Resident of Village- Dhoukal Tola , P.S.- Athmalgola, Distt.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar Singh, Advocate For the Opposite Party/s :
Mr.Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 04-12-2024 Heard learned counsel appearing on behalf of the petitioners and the learned APP for the State.
2. The petitioners seeks pre-arrest bail in connection with Athmalgola P.S.Case No.254 of 2024, registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. At the very outset, learned counsel appearing on behalf of the petitioners seeks to withdraw the present bail application in respect of petitioner no.2, as he has been arrested.
4. Permission granted.
5. So far as petitioner no.1 (Manish Ray @ Manish Kumar) is concerned, 111 ltrs. of country-made liquor has been
Patna High Court CR. MISC. No.76308 of 2024(2) dt.04-12-2024 2/3 recovered from the bank of the River Ganga, however, some persons whispered the name of the petitioner.
6. Learned counsel appearing on behalf of the petitioner submitted that nothing has been recovered from the physical possession of the petitioner no.1.
8. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner no.1.
9. Having considered the rival submissions made on behalf of the parties, as well as, considering the nature of allegation made in the FIR, the petitioner no.1, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Excise court, Barh, Patna in connection with Athmalgola P.S.Case No.254 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
10. The learned district court is directed to verify the criminal antecedent of the petitioner no.1 and if it is found that the petitioner no.1 is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order
Patna High Court CR. MISC. No.76308 of 2024(2) dt.04-12-2024 3/3 will automatically lose its force.
(Purnendu Singh, J) chn/- U