Patna High CourtCR. MISC./20958/2024bail granted

Dashrath Rai @ Dashrath Kumar @ Dashrath Kumar Rai v. The State Of Bihar

2024-03-18Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20958 of 2024 Arising Out of PS. Case No.-201 Year-2023 Thana- PATEPUR District- Vaishali ====================================================== Dashrath Rai @ Dashrath Kumar @ Dashrath Kumar Rai son of Mahendra Ray R/o- W.No-7, Majharabad Kheshrahi Ps- Patepur Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok, Advocate For the Opposite Party/s :

Mr.Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Patepur P.S. case No. 201 of 2023 instituted for the offences under Sections 30(a), 32(ii) and 41(i) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 2082.960 liters liquor was recovered from the truck in question.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery

Patna High Court CR. MISC. No.20958 of 2024(2) dt.18-03-2024 2/3 of liquor. It is further submitted that petitioner is neither the owner nor the driver of the truck in question. The petitioner is in custody since 15.02.2024 and has got four criminal antecedents in which he is on bail in three cases. There is no compliance of Section 100 of Cr.P.C.

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

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 Patepur P.S. case No. 201 of 2023 subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance

Patna High Court CR. MISC. No.20958 of 2024(2) dt.18-03-2024 3/3 on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

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