Dileep Ray @ Deelip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8120 of 2023 Arising Out of PS. Case No.-77 Year-2022 Thana- KALYANPUR District- Samastipur ====================================================== Dileep Ray @ Deelip Kumar S/O Modi Ray R/V- Jakhara, P.S.- Kalyanpur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable Sections 30 (a), 32(3), 36, 41(i) of the Bihar Prohibition and Excise Act. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 2637 liters of foreign liquor is said to have been recovered from the container. He submits that the driver of the said vehicle fled away from the spot. He submits that the petitioner is neither the owner nor the driver of the seized vehicle. He submits that the petitioner has nine criminal

Patna High Court CR. MISC. No.8120 of 2023(23) dt.17-04-2023 2/3 antecedent as stated in para-3 of the bail application. Petitioner is agreed to deposit a sum of Rs.3,00,000.00 (Rupees Three Lakh) in the account of Bihar State Bar Council Welfare Fund bearing Account No.31861041899, IFSC Code: SBIN0010340, State Bank of India, High Court Campus, Patna.

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 eight 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 Kalyanpur P.S. Case No. 77 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the further conditions that

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the

Patna High Court CR. MISC. No.8120 of 2023(23) dt.17-04-2023 3/3 aforesaid amount in the account of Bihar State Bar Council Welfare Fund, Patna.

(Anjani Kumar Sharan, J) devendra/- U T