Allowed

Munna Ray v. The State of Bihar

Patna HC13 Jan 2023CR. MISC./71617/2022

Case brief

AI extract

What is this about?

The High Court at Patna granted anticipatory bail to a petitioner accused of manufacturing and selling country liquor, subject to conditions of deposit and bonding, addressing concerns of false implication and antecedents.

What did the court decide?

Petitioner released on bail on deposit of Rs. 40,000 in PM Cares Fund and furnishing a bail bond of Rs. 25,000 with two sureties under Section 438(2) CrPC.

Munna Ray Vs The State of Bihar — Corruption | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.71617 of 2022

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Arising Out of PS. Case No.-179 Year-2022 Thana- GANGABRIDGE District- Vaishali

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======================================================

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MUNNA RAY Son of Hari Naraya Ray @ Harinarayan Rai R/V- Terahrasia, P.S- Ganga Bridge in the District of Vaishali

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ranjeet Kumar, Adv. For the Opposite Party/s : Mrs.Pushpa Sinha, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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2 13-01-2023 Heard the parties through virtual mode.

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Petitioner apprehends his arrest in connection with a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

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Altogether 10 and 80 liters of country made liquor is said to have been recovered from two motorcycles. It is alleged that petitioner is owner of the motorycle from which 10 liters of liquor has been recovered.

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Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case due to ulterior motive. Petitioner has not been apprehended on the spot and has been made accused in the case on the basis that he is owner of one of the motorcycles. No incriminating article has

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Patna High Court CR. MISC. No.71617 of 2022(2) dt.13-01-2023 2/3

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been recovered from his conscious physical possession. Petitioner has no concern either with the seized liquor or any trade of liquor. Though petitioner is owner of the motorcycle but some one had taken away his motorcycle for urgent work. Petitioner has one criminal antecedent, as also mentioned in para-3 of the bail application.

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Petitioner is agreed to deposit a sum of Rs.40,000.00 (Rupees Forty Thousand) in the PM Cares fund, bearing Account No.2121PM20202, IFSC Code: SBIN 0000691, SWIFT Code: SBININBB104, State Bank of India, New Delhi Main Branch, UPI ID : pmcares@sbi.

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Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below, where the case is pending/Successor court, in connection with Ganga Bridge P.S. Case No.179 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, with the following conditions:

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(i) That one of the bailors will be a close relative of

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Patna High Court CR. MISC. No.71617 of 2022(2) dt.13-01-2023 3/3

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the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.

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(2) The bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature and thereafter the Court below will be at liberty to initiate proceeding for cancellation of anticipatory bail on the ground of misuse.

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The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the PM Cares fund.

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(Anjani Kumar Sharan, J)

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pallavi/-

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U T

Munna Ray v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Munna Ray v. The State of Bihar

Case brief

What is this about?

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