Patna High CourtCR. MISC./42285/2021bail granted

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

2022-01-06Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42285 of 2021 Arising Out of PS. Case No.-122 Year-2021 Thana- BUXAR MUFFSIL District- Buxar ====================================================== Dhiraj Rai @ Dhiraj Kumar Rai Son of Late Laxmi Rai @ laxmi Narayan Rai Resident of Kritpura, Police Station - Buxar (M), District - Buxar (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-01-2022 The petitioner seeks regular bail in connection with Buxar (M) P.S. Case No. 122 of 2021, registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding recovery of 235.60 liters of illicit liquor from a Maruti van and the petitioner is stated to be the driver.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and he is languishing in custody since 27.03.2021. The learned counsel for the petitioner has submitted that though the petitioner is an accused in one another case, but he is on bail in the said case.

Per contra, the learned APP appearing for the

Patna High Court CR. MISC. No.42285 of 2021(2) dt.06-01-2022 2/2 State has vehemently opposed the prayer for regular bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to be released on regular bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.D.J.-II cum Spl. Judge, Excise, Buar in connection with Buxar (M) P.S. Case No. 122 of 2021.

(Mohit Kumar Shah, J) Tiwary/- U T