Mukesh Ray v. The State of Bihar

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH Mr. Jay Ram Prasad, Adv. Mr. Bishweshwar Ram, APP ORAL ORDER 2 06-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Special Case No. 5589/2023 arising out of Excise (Prohibition) Patna P.S. Case No. 1125/2023 instituted for the offences under Sections 30(a)/56(b) of the Bihar Prohibition and Excise Act, 2016 and Amendment Act, 2022.

As per the prosecution case, police has recovered 100 litres of illegal country made liquor from the motorcycle which was being driven by the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. He further submits that the seized country made Patna High Court CR. MISC. No.63065 of 2023(2) dt.06-10-2023 liquor has not been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in paragraph no.3 of the present bail petition. The petitioner is in judicial custody since 13.07.2023.

Learned APP has vehemently opposed the bail petition of the petitioner.

Considering the entire facts and circumstances of the case, the petitioner, above named, is directed to be released on bail 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 the learned Special Judge Excise, Patna in connection with Special Case No. 5589/2023 arising out of Excise (Prohibition) Patna P.S. Case No. 1125 of 2023. (Chandra Prakash Singh, J) rishi/- U T