Deepak Rai @ Dipak Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39241 of 2023 Arising Out of PS. Case No.-237 Year-2022 Thana- EKMA District- Saran ====================================================== DEEPAK RAI @ DIPAK RAY SON OF SUDAMA RAI @ SUDAMA YADAV RESIDENT OF VILLAGE- BHARAHOPUR, MATHIYA, PSEKMA, DISTT- SARAN AT CHAPRA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Binod Singh For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 30(a)/41(I)(II) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of total 198.690 liters of English liquor from a Tempoo bearing Reg. No. BR 04N 5043.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case by police officials. He has no concern with the alleged recovery of liquor. He is neither the owner nor driver of the said tampoo. Neither

Patna High Court CR. MISC. No.39241 of 2023(3) dt.10-10-2023 2/2 the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. Petitioner is languishing in judicial custody since 20.02.2023. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-IInd-cum- Ist Exclusive Special Judge, Excise, Saran at Chapra in connection with Ekma P.S. Case No. 237 of 2022.

(Sunil Kumar Panwar, J) lata/- U T