Dharmendra Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34738 of 2025 Arising Out of PS. Case No.-837 Year-2023 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Dharmendra Ray S/O Late Layak Ray @ Late Ram Layak Ray Resident of village- Ramnagar, Police station- Chapra Muffasil, District- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Mili Kumari, Advocate For the Opposite Party/s :
Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 29-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Chapra(M) P.S. Case No. 837 of 2023 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act-2016.
3. Recovery of total 60 litres of country made liquor has been made from the house of the petitioner which is the subject matter of the present case.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. As per the prosecution case, recovery of 60 litres of country made liquor was made from the roof of dilapidated house of the petitioner. From the F.I.R. itself, it transpires that nobody was present in the said house and except 60 litres of illicit liquor no incriminating article has been recovered. Long
Patna High Court CR. MISC. No.34738 of 2025(2) dt.29-05-2025 2/2 back the petitioner had left the house and has got no concern with that place from the couple of years. Petitioner is in custody since 21.03.2025.
5. Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.
6. Keeping in view the aforesaid facts and considering the period under custody, let the petitioner, above named, be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Exclusive Special Excise Judge, Saran, Chapra in connection with Chapra(M) P.S. Case No. 837 of 2023 subject to the following conditions :- (i). Petitioner will remain physically present in trial on each and every date till the disposal of the case failing which, on two consecutive dates without reasonable cause, the bail bond of the petitioner may be cancelled by the Trial Court. (ii). One of the bailor shall be his family member. (S. B. Pd. Singh, J) Ankit Kumar/- U T