Dharmendra Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38747 of 2017 Arising Out of PS. Case No.-33 Year-2017 Thana- BHAGWANPUR District- Vaishali ====================================================== Dharmendra Ray, Son of Late Pavitra Ray, resident of village mahua Singh Ray, P.S. Mahua, District Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

M/s A.K.Thakur and Amit Kumar, Advocates For the Opposite Party/s :

Mr. SATYENDRA NARAYAN SINGH ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 19-08-2017 I have heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case registered for offences punishable under Sections 414/120B of the Indian Penal Code and Section 30 (a)/32(ii)/38/41(i) of the Bihar Prohibition and Excise Act, 2016.

It is contended that, as per allegation, huge recovery of foreign liquor was from a container vehicle. However, petitioner claims that he was not apprehended from spot rather his name has cropped up in the confessional statement of one of the coaccused. It is further stated that co-accused Kamal has already been granted bail by a co-ordinate Bench of this Court vide Cr.Misc. No. 26688/2017. Petitioner claims that he is in

Patna High Court Cr.Misc. No.38747 of 2017(2) dt.19-08-2017 2/3 custody since 20.5.2017.

Having regard to the facts and circumstances of the case, the above named petitioner is directed to be released on bail on his furnishing bail bond of Rs. 10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Addl. Sessions Judge II - cum - Special Judge, Excise Act, Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No. 33 of 2017.

If the petitioner, after his release in this case, is again found involved in similar nature of cases then the concerned court would be at liberty to take steps for cancellation of his bail bonds. .

That apart, in view of the antecedent of the petitioner, he would be required to appear before the Superintendent of Police, Vaishali within fifteen days of his release with a copy of this order and every month thereafter for the next six months. The conduct of the petitioner will be kept under watch in the aforesaid period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the

Patna High Court Cr.Misc. No.38747 of 2017(2) dt.19-08-2017 3/3 petitioner before the court concerned which should be granted by the Superintendent of Police concerned upon his appearance. (Dr. Ravi Ranjan, J) Spd/- U T