Madan Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85291 of 2024 Arising Out of PS. Case No.-396 Year-2024 Thana- NOKHA District- Rohtas ====================================================== 1.

Madan Ray S/O Late Shiv Nagina Ray @ Batohi Ray Resident of Village - Tararh, Police Station- Nokha, District- Rohtas at Sasaram 2.

Rahul Kumar S/O Madan Ray Resident of Village - Tararh, Police StationNokha, District- Rohtas at Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghunandan Kumar Singh For the Opposite Party/s :

Ms. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 07-01-2025 Heard learned counsel for the petitioners and learned APP for the State.

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

3. The case of the prosecution is that altogether 79.740 liters of country made liquor along with foreign made liquor was recovered from the joint house of the petitioner.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case. It has also been submitted that the house is joint family property and three

Patna High Court CR. MISC. No.85291 of 2024(2) dt.07-01-2025 2/2 brothers along with the petitioners live in that house. It is also submitted that the witnesses of the seizure are not the independent persons. Petitioners are having no criminal antecedent. It is further submitted that the petitioners are languishing in judicial custody since 22.10.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Nokha P.S. Case No. 396 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 2-cumAdditional District & Sessions Judge, Rohtas at Sasaram. (Ashok Kumar Pandey, J) Sudhanshu/- U T