Patna High CourtCR. MISC./21655/2024bail granted

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

2024-05-03Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21655 of 2024 Arising Out of PS. Case No.-138 Year-2023 Thana- SARAI District- Vaishali ====================================================== Dashrath Rai @ Dashrath Kumar @ Dashrath Kumar Rai son of Mahendra Ray R/o- W.No-7, Majharabad Kheshrahi Murgiya Chak Ps- Patepur DistVaishali A/p- Saidpur Dumra Ps- Patepur Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrityunjay Kumar For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sarai P.S. Case No. 138 of 2023 dated 20.05.2023, registered for the offences punishable u/ss 272, 273 and 34 of the Indian Penal Code and u/ss 30(a), 32, 36, 41(i) and 41(ii) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 4752 litres of foreign liquor was recovered from different vehicles.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has four criminal antecedents in which he is on bail as stated in para 3 of the bail petition. No

Patna High Court CR. MISC. No.21655 of 2024(3) dt.03-05-2024 2/2 incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is neither the owner nor the driver of the seized vehicles. The petitioner has no concern with the alleged recovery. The petitioner is in custody since 17.02.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Vaishali at Hajipur in connection with Sarai P.S. Case No. 138 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) Ranjeet/- U T