Patna High CourtCR. MISC./80094/2023allowed

Ramekwal Rai @ Ram Ikbal Ray v. The State Of Bihar

2024-02-07Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80094 of 2023 Arising Out of PS. Case No.-375 Year-2023 Thana- GORAUL District- Vaishali ====================================================== Ramekwal Rai @ Ram Ikbal Ray S/O Late Dashai Rai R/O Village- Rasulpur Duad, P.S- Goraul, Distt.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Bhardwaj, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Goraul (Kathara O.P.) P.S. Case No.375 of 2023 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

3. There is recovery of 9.180 litres of Indian made foreign liquor from the poultry farm of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from conscious possession of the petitioner, who is 68 years old. The motorcycle from which the alleged liquor was recovered does not belong to the petitioner. The petitioner has three criminal antecedents in which he is on bail. The petitioner is in custody since

Patna High Court CR. MISC. No.80094 of 2023(3) dt.07-02-2024 2/2 06.09.2023. The charge sheet has already been submitted. There is no chance of absconding and tampering with the evidence.

5. Learned A.P.P. opposes the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case, submissions of the parties and the period of custody, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Excise Court No.1-cum-Additional District & Sessions Judge, Vaishali at Hajipur in connection with Goraul (Kathara O.P.) P.S. Case No.375 of 2023.

(Sunil Dutta Mishra, J) Harish/- U T