Dilip Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37177 of 2023 Arising Out of PS. Case No.-99 Year-2023 Thana- ATHMALGOLA District- Patna ====================================================== DILIP RAY Son of Langeshwar Rai Resident of village - Ranisarai Mahamadpur, P.S. - Bakhtiyarpur, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 15-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Athmalgola P.S. Case No. 99 of 2023 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

As per prosecution case, there is alleged recovery of 175 litres illicit liquor from the car in question and petitioner along with others was apprehended on the spot. Learned counsel for the petitioner submits that petitioner is in custody since 04.05.2023 and bears criminal antecedent of one case of similar nature. He further submits that nothing has been recovered from conscious possession of the petitioner nor the alleged car in question belongs to the

Patna High Court CR. MISC. No.37177 of 2023(2) dt.15-06-2023 2/3 petitioner. Petitioner is innocent and has committed no offence as alleged in the F.I.R. There is no compliance of Section 100 of Cr.P.C.

The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail after framing of charge on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Barh, District-Patna in connection with Athmalgola P.S Case No. 99 of 2023, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.37177 of 2023(2) dt.15-06-2023 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) Nitin/ Amit U