Tejnarayan Rai @ Tejnaryan Roy @ Tej Narayan Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78984 of 2024 Arising Out of PS. Case No.-34 Year-2021 Thana- PUSA District- Samastipur ====================================================== Tejnarayan Rai @ Tejnaryan Roy @ Tej Narayan Ray ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhav Kumar, Advocate For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Pusa P.S. Case No. 34 of 2021 instituted for the offences under Section 30(a), 41(1), 41(2), 47 of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 2809 litres of Indian made foreign liquor was recovered from truck and pick-up van.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery

Patna High Court CR. MISC. No.78984 of 2024(2) dt.12-11-2024 2/3 of liquor. It is submitted that petitioner is the owner of the vehicle in question. The petitioner is in custody since 2408.2024 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Pusa P.S. Case No. 34 of 2021., subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to

Patna High Court CR. MISC. No.78984 of 2024(2) dt.12-11-2024 3/3 cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T