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Patna High CourtCR. MISC./74344/2022allowed

Mohan Ray @ Mohan Kumar @ Mohan Ram v. The State Of Bihar

2023-01-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74344 of 2022 Arising Out of PS. Case No.-379 Year-2021 Thana- PATNA CITY CHOWK District- Patna ====================================================== MOHAN RAY @ MOHAN KUMAR @ MOHAN RAM Son of Kamta Rai Resident of Village- Marufganj Pathari Ghat, P.S.- Malsalami, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 63 liters country made liquor from Killaghat of Ganga river. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case on the basis of mere suspicion. Petitioner has no concern with the alleged recovery of illicit liquor or with the place of occurrence. No any incriminating article has been recovered from his conscious or constructive possession and his name came into

Patna High Court CR. MISC. No.74344 of 2022(2) dt.13-01-2023 2/2 light in the case on the basis of secret information. The petitioner is languishing in judicial custody since 14.11.2022. Learned APP appearing for the State has vehemently 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 released on bail in connection with Chowk P.S. Case No. 379 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise, Patna City.

(Sunil Kumar Panwar, J) amandeep/- U T