IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19430 of 2022

Arising Out of PS. Case No.-932 Year-2021 Thana- KUDHNI District- Muzaffarpur

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RAJ KISHORE RAY @ BAMPAT RAY @ BAMPANT RAI S/o- Late

Bindeshwar Ray Resident of Village- Gavsara, P.S.- Kudhani, District-

Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr. Jitendra Narain Sinha

For the Opposite Party/s :

Mr. Bishweshwar Ram

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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY

ORAL ORDER

2

06-06-2022

Let the defect(s), as pointed out by the office, be

removed within a period of four weeks from today.

Heard learned counsel for the petitioner and learned

APP for the state.

The petitioner seeks regular bail in connection with

Kudhani (Turki O.P.) P.S. Case No. 932 of 2021, registered for

the offences punishable under Section 30(a) of the Bihar

Prohibition and Excise Act, 2018.

As per prosecution report, co-accused Suman Singh in

association with other accused person including the petitioner

had brought the wine and kept in Bamboo Clump of co-accused

Suman Singh. Accordingly, the police went there and recovered

about 56.700 ml. of Indian made foreign liquor that was kept in

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old ditch situated in Bamboo Clump of co-accused Suman

Singh.

As per seizure list, total 56.700 ml. of illicit foreign

liquor was recovered from the Bamboo Clump of co-accused

Suman Singh.

Learned counsel for the petitioner has submitted that

nothing has been recovered from the conscious possession of

the petitioner. He further submits that petitioner bears one

criminal antecedent in which he is on bail. He further submits

that charge-sheet has been submitted in this case and as such,

there is no likelihood of tampering the evidence. He is in

custody since 01.02.2022.

The learned APP for the State opposes the prayer for

bail of the petitioner.

Considering the facts and circumstances of the case

and the period of custody, 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), Mujaffarpur, in

connection with Kudhani (Turki O.P.) P.S. Case No. 932 of

2021, subject to following condition:

(i) The petitioner shall be released after framing of

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charge.

(ii) One of the surety shall be either father or mother

or sister or brother or wife or the person who sworn the affidavit

in bail application.

(iii) Petitioner will co-operate in trial and will remain

present on all dates and absence for two consecutive dates

would be a ground for cancellation of bail by the learned trial

court itself.

Ranjeet/-

(Alok Kumar Pandey, J)

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