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Patna High CourtCR. MISC./83723/2024allowed

Koushal Kishor Ray v. The State Of Bihar

2025-03-05Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83723 of 2024 Arising Out of PS. Case No.-119 Year-2024 Thana- HASANPUR District- Samastipur ====================================================== Koushal Kishor Ray S/O Late Ramanand Ray Resident of Rasalpur Dharha, P.S.- Rosera, Dist.- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Kumar Anand For the Opposite Party/s :

Mr. B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has 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 from a scorpio vehicle altogether 1008 liters of foreign liquor was recovered. This person was apprehended when he was asked regarding the alleged liquor, he disclosed that the liquor belongs to Saurabh and this petitioner is only carrier.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. She has falsely been implicated in this case. Neither petitioner is driver nor the owner of the said vehicle. Moreover, he is languishing in

Patna High Court CR. MISC. No.83723 of 2024(4) dt.05-03-2025 2/2 judicial custody since 04.10.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that petitioner has got five criminal antecedents of similar nature.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Hasanpur P.S. Case No. 119 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge (Excise-01), Samastipur with a condition that he will not indulge in similar nature of cases future.

(Ashok Kumar Pandey, J) shubham/- U T