Rahul Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71083 of 2019 Arising Out of PS. Case No.-246 Year-2019 Thana- BARHARA District- Bhojpur ====================================================== RAHUL RAY Son of Birendra Ray Resident of Village-Bhakura, P.S.-Ara (Muffasil), District-Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 17.10.2019 in connection with Excise Case No. 11369 of 2019 arising out of Barhara P.S.Case No. 246 of 2019 for the alleged offences under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. It is submitted that the petitioner has been falsely implicated in connection with the recovery of 45 litres of liquor from a motorcycle. The petitioner was not arrested at the spot, rather he has been implicated merely because the motor-cycle from which the recovery was made was registered in the petitioner's name. He has already suffered about one and half months in custody. The petitioner claims clean antecedents.

4. Be that as it may, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned 4th Additional District and Sessions

Patna High Court CR. MISC. No.71083 of 2019(2) dt.11-12-2019 2/2 Judge-cum-Special Judge, Excise Act, Bhojpur at Ara in connection with Excise Case No. 1369 of 2019 arising out of Barhara (Sinha O.P.) P.S. Case No. 246 of 2019, on the following conditions-- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) HR/- U T