Patna High CourtCR. MISC./32328/2020bail granted

Rahul Dagar v. The State Of Bihar

2020-12-07Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32328 of 2020 Arising Out of PS. Case No.-152 Year-2020 Thana- DUMARIAGHAT District- East Champaran ====================================================== RAHUL DAGAR Son of Narendra, Resident of Village- Jaundhi, P.S.- Jajar, District- Jajar (Hariyana) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rashmi Jha, Adv.

For the Opposite Party/s :

Mr.B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-12-2020 Heard both sides through Video Conferencing.

Petitioner seeks bail in Dumariyaghat P.S. Case No.152 of 2020 registered under Sections 272, 273 and 34 of the IPC and under Section 30(a) of the Bihar Prohibition and Excise Act.

The informant (a police officer) on secret information intercepted a Honda City car bearing registration no.DL7CF3555. Three persons were apprehended and on search, 133.875 litres of liquor was recovered from dickey of the vehicle. Learned counsel for the petitioner submits that the petitioner is the driver of the vehicle. The other two persons are passengers. Rajendra Kumar is the owner of the vehicle and the petitioner had no knowledge about the article kept in the dickey.

Patna High Court CR. MISC. No.32328 of 2020(2) dt.07-12-2020 2/2 The petitioner is in jail since 25.08.2020.

The learned A.P.P. opposed the prayer for bail. It appears that 133.875 litres of liquor was recovered from the dickey of the vehicle which was being driven by the petitioner and for recovery of liquor, the petitioner has already remained in jail for more than three months and the petitioner has got no criminal antecedent.

Taking into consideration the facts aforesaid, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of like amount each to the satisfaction of learned 7th Additional Sessions Judge-cum-Special Judge, Excise, East Champaran at Motihari in connection with Dumariyaghat P.S. Case No.152 of 2020.

(Prabhat Kumar Jha, J) Harish/- U T