Amar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2922 of 2024 Arising Out of PS. Case No.-480 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== AMAR RAY S/O GAHNU RAY R/O VILLAGE- MADHUVAN WARD NO. 17, P.S- KALYANPUR, DISTT.- SAMASTIPUR.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjan Kumar For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 30-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Excise P.S. Case No. 480 of 2019 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

As per prosecution case, 126 litre illicit liquor was recovered from a hut which was kept inside straw located in front of the poultry farm of Amar Rai(petitioner). It is further alleged that petitioner succeeded in fleeing away from place of occurrence.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged

Patna High Court CR. MISC. No.2922 of 2024(2) dt.30-01-2024 2/3 in the FIR and he has falsely been implicated in this case. It is further submitted that petitioner was not apprehended on spot. The place of recovery is an open place which is accessible to all. The name of petitioner has transpired in the present case on the basis of suspicion. Except suspicion, there is nothing on record to connect the present petitioner with the alleged occurrence. Petitioner is in custody since 13.12.2023. Petitioner bears criminal antecedent of one case in which he is on bail. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, petitioner was not apprehended on spot, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise-02, Samastipur in connection with Excise P.S. Case No. 480 of 2019, subject to the following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the

Patna High Court CR. MISC. No.2922 of 2024(2) dt.30-01-2024 3/3 affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) asmit/- U T