Dharmendra Kumar Ray @ Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32060 of 2023 Arising Out of PS. Case No.-129 Year-2023 Thana- TAJPUR District- Samastipur ====================================================== Dharmendra Kumar Ray @ Dharmendra Kumar, Son of Suresh Ray, Resident of Village - Harpur Bhindi, P.S.- Tajpur, District - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Bhushan Prasad, Advocate For the Opposite Party/s :

Mr.Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Tajpur P.S. Case No. 129 of 2023 dated 08.03.2023 registered for the offences punishable u/s 30(a), 41(1), 41(2) of the Bihar Prohibition and Excise Act. As per the prosecution case, on secret information received by the police that the petitioner and the co-accused persons are carrying a consignment of huge quantity of liquor in white coloured Bolero vehicle. A raid was conducted and total 170.640 litres of India made foreign liquor was recovered from the

Patna High Court CR. MISC. No.32060 of 2023(2) dt.22-05-2023 2/2 said vehicle. On seeing the police, the petitioner and the coaccused persons fled away from the place of occurrence. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that the petitioner is neither the owner nor the driver of the said vehicle. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 22.03.2023.

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

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, 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, Samastipur in connection with Tajpur P.S. Case No. 129 of 2023. The application stands allowed.

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