Daresh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32146 of 2023 Arising Out of PS. Case No.-68 Year-2023 Thana- RIGA District- Sitamarhi ====================================================== Daresh Rai Son Of Rameshwar Rai @ Rameshar Rai Resident Of VillageChawalipatti, P.S.-Riga, District-Sitamarhi ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 414 of the I.P.C. and Section 30(a) of the Excise Act, 2018. The learned counsel for the petitioner submits that the petitioner has antecedent of two cases and the allegation is of recovery of 252 litres of liquor from a motorcycle and a car. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that petitioner is not the owner of any of the seized vehicles and he came to be implicated by local people, but then, the F.I.R. does not record the name of the local people, who disclosed the

Patna High Court CR. MISC. No.32146 of 2023(2) dt.24-05-2023 2/2 name of the petitioner, which cast aspersion on the prosecution case. It is further submitted that it appears that the police falsely implicated the petitioner because of his antecedents by alleging that his name was disclosed by local people.

Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court-1, Sitamarhi in connection with Riga P. S. Case No.68 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T