Chandradip Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75400 of 2022 Arising Out of PS. Case No.-438 Year-2022 Thana- PATNA CITY CHOWK District- Patna ====================================================== Chandradip Ray Son Of Late Rangbahadur Ray @ Jangbahadur Ray R/O Mohalla- Kauakho Caimashikoh, P.S.- Chowk, District- Patna ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rudra Deo For the Opposite Party/s :
Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-02-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act.
Prosecution case relates to recovery of 10 litres of country made liquor from the jute bag of the petitioner. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the seized illicit liquor. It is further submitted that seized article was not sealed on spot, which creates doubt on the prosecution
Patna High Court CR. MISC. No.75400 of 2022(2) dt.25-02-2023 2/2 version of the case. There is no independent witness of the alleged seizure. He is languishing in judicial custody since 12.10.2022.
Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna City in connection with Chowk P.S. Case No. 438 of 2022. (Sunil Kumar Panwar, J) nirajkrs/- U T