Dinesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3684 of 2023 Arising Out of PS. Case No.-107 Year-2022 Thana- BELSAND District- Sitamarhi ====================================================== Dinesh Rai Son Of Late Raj Mangal Ray R/V- Pachnaur, Ward No. 05, P.S.- Belsand, District- Sitamarhi ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Murari For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

The allegation against the petitioner is to involve in illegal trading of foreign liquor, where 210.345 liters of IMFL was recovered from the alleged Scorpio bearing Reg. No. BR09R-0790.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to dirty village politics. The alleged vehicle does not belong to this petitioner and nothing incriminating article has been recovered from his

Patna High Court CR. MISC. No.3684 of 2023(2) dt.04-04-2023 2/2 possession. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 24.12.2022 passed in Cr. Misc. No. 68407 of 2022. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 17.09.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Belsand P.S. Case No. 107 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No-II, Sitamarhi. (Sunil Kumar Panwar, J) Manish/- U T