Vijay Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 77116 of 2024 Arising Out of PS. Case No.-508 Year-2024 Thana- MANER District- Patna ====================================================== 1.
Vijay Ray Son of Late Ramdatt Ray Resident of Village- Chaurasi, P.S.- Maner, District- Patna, Bihar 2.
Sohan Kumar Son of Kailash Ray Resident of Village- Chaurasi, P.S.- Maner, District- Patna, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rudal Prasad, Adv.
For the Opposite Party/s :
Mr. Dilip Kr. No.1, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-11-2024 Heard learned counsel for the petitioners and Mr. Dilip Kumar No.1 learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from the conscious physical possession of the petitioners rather 840 liters of illicit foreign liquor is said to have been recovered from the place of occurrence. Petitioners have no concern either with the seized liquor or the place of recovery. The allegation levelled against the petitioners is not specific rather general and
Patna High Court CR. MISC. No. 77116 of 2024(2) dt.13-11-2024 2/3 omnibus in nature. Petitioners have been made accused in this case only on the basis of secret information. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
4. Learned counsel for the State opposes the prayer for bail of the petitioners.
5. Petitioners are agreed to deposit a sum of Rs.10,000.00 (Rupees Ten Thousand) in account of Mahavir Cancer Sansthan, Patna bearing Account No. 3332964762, IFSC Code: CBIN0282779, MICR Code: 800016018, Central Bank of India, Chitkohra Branch, Patna.
6. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Maner P.S. Case No. 508 of 2024, subject to the condition as laid down under Section 482 (2) of the B.N.S., subject to the further conditions that (i) That one of the bailors will be a close relative of the petitioners, who will give an affidavit giving genealogy as to
Patna High Court CR. MISC. No. 77116 of 2024(2) dt.13-11-2024 3/3 how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioners.
(ii) That the bailor shall also state on affidavit that he will inform the Court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse.
7. The bail bond of the petitioners shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in Mahavir Cancer Sansthan, Patna. Heard learned counsel for the petitioners and learned A.P.P. for the State.
(Anjani Kumar Sharan, J) annpurna/- U T