Patna High CourtCR. MISC./14316/2024bail granted

Dinesh Rai v. The State Of Bihar

2024-02-29Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14316 of 2024 Arising Out of PS. Case No.-556 Year-2023 Thana- CHIRAIYA District- East Champaran ====================================================== Dinesh Rai, aged about 25 years, Male Son of Horil Rai @ Horil Ray, Resident of Village- Mohadipur, P.S- Chiraiya, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rashmi Jha, Advocate For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 29-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Chiraiya PS Case No. 556 of 2023 instituted for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition Act.

3. As per the prosecution case, 30 liters of country made liquor, 1020 Kg DMB Jaggery powder (Mitha) in 34 sacks and 5kg Uria for manufacturing of liquor has been recovered from the house of the co-accused.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. Nothing has been recovered

Patna High Court CR. MISC. No.14316 of 2024(2) dt.29-02-2024 2/3 from the conscious possession of the petitioner. Petitioner was not arrested on the spot. He has been made accused on the basis of confessional statement of Co-accused Suresh Yadav.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR, seizure list and impugned order of the learned Exclusive Special Excise Court No. 1, East Champaran at Motihari dated 22.01.2024, it appears that petitioner is not arrested on the spot and the recovery is from the house of Horil Rai. Petitioner is in custody since 30.12.2023, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 1, East Champaran, Motihari in connection with Chiraiya PS Case No. 556 of 2023.

7. The trial Court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen days) from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be released on bail on above conditions and he shall be present physically on

Patna High Court CR. MISC. No.14316 of 2024(2) dt.29-02-2024 3/3 each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Anand Kr.

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