Dilip Ray @ Kari Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20891 of 2024 Arising Out of PS. Case No.-215 Year-2023 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== 1.

Dilip Ray @ Kari Mahto SON OF Maheshwar Ray RESIDENT OF VILLAGEMANJHAUL PACHMUKHI TOLA, PSCHERIABARIYARPUR, DIST- BEGUSARAI 2.

TINKU KUMAR @ TUNKA SAHNI SON OF LATE KASI SAHNI RESIDENT OF VILLAGE- MANJHAUL PACHMUKHI TOLA, PSCHERIABARIYARPUR, DIST- BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Braj Bhusan Poddar For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-04-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Cheriya Bariyarpur P.S. case No. 215 of 2023 instituted for the offences under Section 188, 290 of the I.P.C. and Section 30(a), 30(d) of the Bihar Prohibition and Excise Act.

3. Prosecution case, in short, is that three 90 liter liquor was recovered from the field of Kanhaiya Singh and nobody was apprehended on the spot.

4. Learned counsel for the petitioners submitted that the petitioners have falsely been implicated in the present case.

Patna High Court CR. MISC. No.20891 of 2024(3) dt.03-04-2024 2/2 Neither the petitioners were apprehended on the spot nor any incriminating article has been recovered from their possession. Charge-sheet has been submitted in this case. The petitioners are in judicial custody since 13.12.2023, and have one criminal antecedent each. There is no compliance of Section 100 of the Cr.P.C.. Co-accused has been granted bail by this Court by order dated 22.02.2024, passed in Cr. Misc. N. 11286 of 2024.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case, judicial custody undergone by the petitioners, and claim based on parity, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Cheriya Bariyarpur P.S. case No. 215 of 2023.

(Rudra Prakash Mishra, J) manishkumar/- U T