Patna High CourtCR. MISC./76579/2024bail granted

Baidhnath Ray @ Baidyanath Ray @ Baijnath Ray v. The State Of Bihar

2024-12-20Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76579 of 2024 Arising Out of PS. Case No.-166 Year-2024 Thana- WARISNAGAR District- Samastipur ====================================================== Baidhnath Ray @ Baidyanath Ray @ Baijnath Ray S/O Sri Gulab Ray R/O Village- Mohalla- Ward No. 2, Purnahi, P.S- Warisnagar, Distt.- Samastipur, PIN Code- 848301.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kanupriya Singh, Advocate For the Opposite Party/s :

Mr. Lalan Kumar , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State .

2. Petitioner seeks regular bail in a case registered for the offence punishable under Sections 30(a) of the Bihar Prohibition & Excise (Amendment ) Act 2022 .

3 . As per the prosecution case , 1468.8 litres of illicit foreign liquor was recovered from different vehicles in question .

4. Learned counsel for the petitioner submits that petitioner is neither owner nor driver of vehicle in question . No incriminating material has been recovered from conscious possession of the petitioner and he has been made accused only on the basis of suspicion . Petitioner is in custody since

Patna High Court CR. MISC. No.76579 of 2024(2) dt.20-12-2024 2/2 21.09.2024 . Chargesheet has already been submitted. 5 . Learned A.P.P. for the State vehemently opposed the bail application .

6. Considering the nature of accusation and period of custody, the bail application is allowed. Let the above named petitioner 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 Court - 02 Samastipur in connection with Waris Nagar P. S. Case No. 166 of 2024 .

(Prabhat Kumar Singh, J) Koushik/- U T