Dharmendra Ray @ Dharmendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6378 of 2023 Arising Out of PS. Case No.-291 Year-2022 Thana- NADI P.S. District- Patna ====================================================== DHARMENDRA RAY @ DHARMENDRA KUMAR Son of Lal Bahadur Ray Resident of Village- Fatehjampur, P.S.- Nadi, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jay Ram Prasad, Adv.
For the Opposite Party/s :
Ms. Veena Kumari Jaiswal, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 29-04-2023
1. Heard learned counsel for the petitioner and the learned APP for the State.
2. Petitioner seeks regular bail in connection with Nadi P.S. Case No. 291 of 2022 dated 25.07.2022 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.
3. The main submissions advanced by petitioner's counsel are that the instant matter relates to the recovery of 90 litres of illicit country made liquor and the same is stated to have been recovered from a motorcycle, being kept in three sacks but the petitioner has no concern with the said motorcycle and the petitioner was not arrested at the spot. Further submissions are that the petitioner has criminal antecedent of one case, in which he is on bail and in the present matter, he has
Patna High Court CR. MISC. No.6378 of 2023(2) dt.29-04-2023 2/2 been languishing in jail since 29.12.2022 and against him, the investigation has been completed.
4. Learned APP appearing for the State has opposed the bail prayer.
5. Considering the above submissions and mainly the facts that the petitioner was not arrested at the spot and as per the seizure memo, two police personnel have been shown as witnesses of the seizure of the alleged liquor and against the petitioner, the investigation has been completed, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Nadi P.S. Case No. 291 of 2022. (Shailendra Singh, J) annu/- U T