Patna High CourtCR. MISC./5059/2023bail granted

Dinesh Rai v. The State Of Bihar

2023-04-28Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5059 of 2023 Arising Out of PS. Case No.-306 Year-2021 Thana- PAROO District- Muzaffarpur ====================================================== DINESH RAI S/O LATE DURGA RAY R/v- Lalu Chhapra, P.S.- Paroo, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar For the Opposite Party/s :

Mr. Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 28-04-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Paroo P.S. Case No. 306 of 2021, registered for the offenses punishable under Sections 30(a) of Bihar Prohibition and Excise Act.

As per allegation, 1854.9 liter of foreign liquor was recovered from the hut of the petitioner.

Learned counsel for the petitioner has submitted that he is a person of clean antecedent and he is under custody since 17.11.2022. He has also submitted that the hut wherefrom the liquor was recovered was not belonging to the petitioner. Considering the above mentioned facts and circumstances

Patna High Court CR. MISC. No.5059 of 2023(2) dt.28-04-2023 2/2 and clean antecedent, let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Court-II, Muzaffarpur in connection with Paroo P.S. Case No. 306 of 2021, subject to the following conditions:- (i) Before accepting the bail bond the learned trial court shall verify the criminal antecedent of the petitioner.

(ii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(iii) If the petitioner is found involved in future in the similar type of offense, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) Sudha/Sonali U T