Pahari Ray @ Parmanand Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87670 of 2024 Arising Out of PS. Case No.-176 Year-2023 Thana- DHORAIYA District- Banka ====================================================== Pahari Ray @ Parmanand Ray S/o- Late Anirudh Ray Resident of villageTelondha Ps- Dhoraiya District- Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Sudhir Kumar Mishra, Advocate.
For the State :
Mr. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 08-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The present petition has been filed on behalf of the petitioner, apprehending his arrest, in connection with Dhoraiya P.S. Case No. 176 of 2023 dated 25.06.2023, registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.
3. As per allegation, 10 litres of Mahua liquor has been recovered from the hut situated in front of the accused/petitioner. It is further alleged that when the Police reached near the house of the petitioner, he was fleeing away.
4. Learned counsel for the Petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that the alleged hut does not belong to
Patna High Court CR. MISC. No.87670 of 2024(2) dt.08-01-2025 2/3 the present petitioner and he has no concern with the alleged offence. The petitioner has been implicated in the alleged offence without any legal basis. He further submits that no prima facie case is made out against the petitioner.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the petition that the petitioner has got clean antecedent.
7. Learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs.10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-I, Banka, in connection with Dhoraiya P.S. Case No. 176 of 2023, subject to the conditions as laid down under Section 438 (2) Cr.PC and on the following conditions:
Patna High Court CR. MISC. No.87670 of 2024(2) dt.08-01-2025 3/3 (i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedent, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) S.Ali/- U T