Patna High CourtCR. MISC./44322/2024bail granted

Daroga Rai @ Daroga Ray @ Santosh Kumar Yadav v. The State Of Bihar

2024-06-26Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44322 of 2024 Arising Out of PS. Case No.-48 Year-2024 Thana- AWTARNAGAR District- Saran ====================================================== Daroga Rai @ Daroga Ray @ Santosh Kumar Yadav, aged about 48 years, Male, Son of Rambalak Ray, Resident of village - Sakhnauli, Police Station - Awtar Nagar, District - Saran.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sanjay Kumar Jha, Advocate For the Opposite Party :

Mr. Mritunjay Kumar Nirala, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-06-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Awtar Nagar P.S Case No. 48 of 2024 dated 02.03.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 100 litres of illicit country made liquor was recovered from the two sacks kept in the bamboo orchard.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner was disclosed by Mahal Chowkidar. Nothing has been recovered from the conscious

Patna High Court CR. MISC. No.44322 of 2024(2) dt.26-06-2024 2/2 possession of the petitioner. The petitioner has no concern with the alleged recovery rather the recovery has been made from an open place which is accessible to anyone. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 08.04.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran at Chapra in connection with Awtar Nagar P.S Case No. 48 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/amanU T