Sudarshan Ray vs The State Of Bihar
2021 Latest Caselaw 10 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 32204 of 2020
  Arising Out of PS Case No.-490 Year-2019 Thana- SAHEBGANJ District- Muzaffarpur
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Sudarshan Ray, aged about 45 years (Male), Son of Roop Chhapra (Morhar), Police Station - Sahebganj, District - Muzaffarpur.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s    :       Mr. Raju Kumar, Advocate
For the State           :       Mr. Md. Arif, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 04-01-2021

Heard Mr. Raju Kumar, learned counsel for the

petitioner and Mr. Md. Arif, learned Additional Public Prosecutor

(hereinafter referred to as the 'APP') for the State.

2. The petitioner is in custody in connection with

Sahebganj PS Case No. 490 of 2019 dated 14.11.2019, instituted

under Sections 272/273/34 of the Indian Penal Code and 30(a)(d)

(g), 41(1) of the Bihar Prohibition and Excise Act, 2016.

3. The allegation against the petitioner is that on seeing

the police party he ran away along with 4-5 persons and upon

search 200-300 litres of liquor, 20 litres of country made wine and

20 kgs. jaggery was recovered from the spot.

Patna High Court CR. MISC. No.32204 of 2020 dt.04-01-2021

4. Learned counsel for the petitioner submitted that there

is no recovery from the petitioner and only on suspicion he has

been made an accused. It was further submitted that the petitioner

is in custody in connection with one other case and from the same

he has been remanded in the present case on 03.03.2020.

5. Learned APP submitted that petitioner has been

identified as one of the persons who ran away from the spot from

where illicit liquor and utensils used for manufacturing have been

recovered.

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, let the

petitioner be released on bail upon furnishing bail bonds of Rs.

25,000/- (twenty five thousand) with two sureties of the like

amount each to the satisfaction of the learned Special Judge,

Excise Act, Muzaffarpur in Sahebganj PS Case No. 490 of 2019,

subject to the conditions (i) that one of the bailors shall be a close

relative of the petitioner, (ii) that the petitioner and the bailors

shall execute bond with regard to good behaviour of the petitioner,

and (iii) that the petitioner shall also give an undertaking to the

Court that he shall not indulge in any illegal/criminal activity, act

in violation of any law/statutory provisions, tamper with the

evidence or influence the witnesses. Any violation of the terms and Patna High Court CR. MISC. No.32204 of 2020 dt.04-01-2021

conditions of the bonds or the undertaking shall lead to

cancellation of his bail bonds. The petitioner shall cooperate in the

case and be present before the Court on each and every date.

Failure to cooperate or being absent on two consecutive dates,

without sufficient cause, shall also lead to cancellation of his bail

bonds.

7. However, this order is subject to the main application

supported by affidavit being e filed in this Court by learned

counsel for the petitioner latest by day after tomorrow.

8. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

Anand Kr.

AFR/NAFR U T