Dharmendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36644 of 2017 Arising Out of PS. Case No.-7 Year-2017 Thana- MAHUA District- Vaishali ====================================================== Dharmendra Rai Son of Late Pavitra Ray, R/o Village- Mahua Singh Rai, P.S.- Mahua, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anujit Sinha For the Opposite Party/s :

Mr. UMANATH MISHRA ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 25-08-2017 I have heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case registered for offences punishable under Section 414 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

It is contended that, as per allegation, 1257.840 litres of foreign liquor were recovered from two vehicles. Petitioner claims that he was neither arrested on spot nor was anything recovered from his possession rather he has been implicated in the present case on disclosure of his name by apprehended coaccused. It is urged that petitioner he is in custody since 13.5.2017.

Having regard to the facts and circumstances of the

Patna High Court Cr.Misc. No.36644 of 2017(4) dt.25-08-2017 2/3 case, the above named petitioner is directed to be released on bail on his furnishing bail bond of Rs. 10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Addl. Sessions Judge II - cum - Special Judge, Excise Act,Vaishali at Hajipur in connection with Mahua P.S. Case No. 07 of 2017.

If the petitioner, after his release in this case, is again found involved in similar nature of cases then the concerned court would be at liberty to take steps for cancellation of his bail bonds. .

That apart, in view of the antecedent of the petitioner, he would be required to appear before the Superintendent of Police, Vaishali within fifteen days of his release with a copy of this order and every month thereafter for the next six months. The conduct of the petitioner will be kept under watch in the aforesaid period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned which should be granted by the Superintendent of Police concerned upon his appearance.

Patna High Court Cr.Misc. No.36644 of 2017(4) dt.25-08-2017 3/3 (Dr. Ravi Ranjan, J) Spd/- U T