Dhiraj Rai @ Dhiraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25353 of 2022 Arising Out of PS. Case No.-354 Year-2021 Thana- VAISHALI District- Vaishali ====================================================== DHIRAJ RAI @ DHIRAJ KUMAR Son of Vinay Rai Resident of Village - Jatkauli, Police Station and District - Vaishali. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjit Kumar Thakur For the Opposite Party/s :
Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 03-08-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Vaishali P.S. Case No. 354 of 2021 registered for the offences punishable under Sections 272, 273, 413, 414 of the Indian Penal Code and Section 30(a), 41(1) of the Bihar Prohibition and Excise Act.
As per prosecution case, there is alleged recovery of 492.39 litres liquor from the different vehicles in question i.e. truck, Alto Car and Bajaj Discover motorcycle and three persons were arrested who disclosed their name as Praveen Kumar, Shashi Kumar and Amresh Kumar. It is further alleged that there
Patna High Court CR. MISC. No.25353 of 2022(2) dt.03-08-2022 2/3 is alleged recovery of 380.52 litres foreign liquor from the house of co-accused Mukesh Kumar. It is further stated that apprehended co-accused Shashi Kumar disclosed the name of present petitioner including others.
Learned counsel for the petitioner submits that petitioner is in custody since 08.04.2022. Petitioner bears criminal antecedent of three cases of similar nature. Charge sheet has already been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel further submits that nothing has been recovered from conscious possession of the petitioner. The petitioner is not the owner or driver of any vehicle. The petitioner is not apprehended on spot.
The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner. Considering the facts and circumstances of the case as well as period of custody, petitioner is not apprehended on spot, charge-sheet has already been submitted and there is no likelihood of tampering with the prosecution evidence, and also taking into consideration the material available on record, let the petitioner above named be released on bail after framing of charge on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Patna High Court CR. MISC. No.25353 of 2022(2) dt.03-08-2022 3/3 Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 2cum-Additional District and Sessions Judge, Vaishali at Hajipur in connection with Vaishali P.S. Case No. 354 of 2021, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J) amitkr/- U T