Patna High CourtCR. MISC./50171/2021bail granted

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

2022-03-25Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50171 of 2021 Arising Out of PS. Case No.-194 Year-2021 Thana- MASHRAK District- Saran ====================================================== DHARMENDRA KUMAR RAI @ DHARMENDRA KUMAR Son of Gulab Ray Resident of Village - Dhama Parsa, P.S.- Isuapur, Distt.- Saran (Chapra). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-03-2022 Heard Mr. Mukesh Kumar Singh, learned counsel for the petitioner and Mr. Akbar Ali, Additional Public Prosecutor for the State through video conferencing. Petitioner seeks regular bail in connection with Mashrakh PS Case No. 194/2021 registered for the offence punishable under Sections 30, 30(a) of Bihar Prohibition & Excise Act 2016.

63.36 litres of illicit liquor said to have been recovered from a motorcycle on which the petitioner along with other co-accused persons was travelling.

Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case merely because he was a pillion rider on the motorcycle. He further submits that the petitioner is not the owner of the motorcycle and he is in

Patna High Court CR. MISC. No.50171 of 2021(2) dt.25-03-2022 2/2 custody since 12.04.2021. Charge-sheet has been submitted. Having regards to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner is in custody since 12.04.2021, charge-sheet has been submitted and there is no likelihood that that the petitioner will abscond or tamper with the evidence, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, DHARMENDRA KUMAR RAI @ DHARMENDRA KUMAR be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, (Excise) Chapra, Saran in connection with Mashrakh PS Case No. 194/2021.

(Anil Kumar Sinha, J) perwez U T