Patna High CourtCR. MISC./85427/2024bail granted

Loknath Ray v. The State Of Bihar

2024-12-13Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85427 of 2024 Arising Out of PS. Case No.-281 Year-2021 Thana- NADI P.S. District- Patna ====================================================== Loknath Ray S/o Late Samprit Ray Resident of village- Jethuli PS- Nadi DistPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Chandra For the Opposite Party/s :

Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-12-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 30(a), 34, 36, 41, 44 of Bihar Prohibition and Excise Act, 2018.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is in custody since 14.11.2024 and allegation is of recovery of 100 litres of spirit and empty bottles from the brick hut of Bhuneshwar Ray along with 50 litres of spirit and empty bottles and 66.375 litres of liquor from Rajiv Kumar's brick hut and 84.75 litres of liquor along with 40 litres of spirit from the house of the petitioner. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession

Patna High Court CR. MISC. No.85427 of 2024(2) dt.13-12-2024 2/2 and the house in question is a joint family property, as such, it cannot be alleged with certainty that it was petitioner, who had kept the liquor in the house or the liquor kept in the house was within his knowledge and after amendment in the Excise Act in the year 2018, the concept of deemed possession and presumed offender has been done away with.

4. Learned A.P.P. opposes the prayer for bail of the petitioner.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, is directed to be released on bail on furnishing bail bonds of Rs.5000/- (Rupees five thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Nadi P.S. Case No.281/2021.

(Satyavrat Verma, J) amit/- U T