Baban Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52447 of 2018 Arising Out of PS.Case No. -182 Year- 2018 Thana -MANER District- PATNA ====================================================== Baban Ray, S/o. Late Dukhan Ray, R/o. Mohalla- Hulasi Tola, P.S.- Manner, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rudra Deo For the Opposite Party/s : Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 25-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

115 litres of country made liquor is said to have been recovered from the boaring of Deo Prasad Ray and petitioner along with four other accused persons were apprehended from the said place.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or with the place of recovery or any trade of liquor. He has been falsely implicated in this case by the

Patna High Court Cr.Misc. No.52447 of 2018 (2) dt.25-08-2018 2/2 police merely on suspicion while he was passing through the place of occurrence at the time of occurrence. He has no criminal antecedent. He has been languishing in custody since 23.04.2018. Similarly situated co-accused, namely, Kunal Kumar, Ritesh Kumar, Mukesh Kumar and Jai Ram Mahto have been enlarged on bail by a co-ordinate bench of this court vide order dated 06.07.2018 passed in Cr. Misc. No. 36941 of 2018. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna in connection with Special Case No. 3848 of 2018 arising out of Manner P.S. Case No. 182 of 2018. (Prakash Chandra Jaiswal, J) Kr. Uday/- U T