Patna High CourtCR. MISC./45980/2023bail granted

Dharmendra Rai @ Dharmendra Kumar v. The State Of Bihar

2023-08-04Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45980 of 2023 Arising Out of PS. Case No.-443 Year-2023 Thana- MALSALAMI District- Patna ====================================================== Dharmendra Rai @ Dharmendra Kumar Son Of Gigal Rai Village Bundel Toli , Near Shiv Mandir, P.S Malsalami, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rudra Deo For the Opposite Party/s :

Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-08-2023 Heard the learned counsel for the petitioner and learned APP for the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioner seeks bail in connection with Malsalami P.S. Case No. 443 of 2023 registered for the offence under Sections 30A and 36 of the Bihar Prohibition and Excise Amendment Act, 2018.

4. As per the prosecution case 117 liters of Mahua Wine was recovered from the possession of the petitioner.

5. Learned counsel for the petitioner submits that nothing has been recovered from the possession of the petitioner and he has falsely been implicated in this case.

6. Learned counsel for the petitioner also submits that the petitioner is in custody since 21.06.2023.

Patna High Court CR. MISC. No.45980 of 2023(2) dt.04-08-2023 2/2

7. Learned A.P.P. has vehemently opposed the prayer for bail by contending that there is one more case pending against the petitioner.

8. Considering the aforesaid facts and the period of custody, this application for regular bail is allowed.

9. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Patna City, Patna in connection with Malsalami P.S. Case No. 443 of 2023.

10. The petitioner will visit Malsalami Police Station on the first Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner.

(Sandeep Kumar, J) Vikas/- U T