Dileep Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45681 of 2019 Arising Out of PS. Case No.-60 Year-2019 Thana- KALYANPUR District- Samastipur ====================================================== DILEEP RAI, Son of Modi Ray, Resident of Village - Jakhara, P.S.- Kalyanpur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dilip Kumar Roy For the Opposite Party/s :

Mrs. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 29-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Kalyanpur P.S. Case No.60 of 2019 instituted for the offence under Section(s) 30(a), 41(i) (ii) and 47 of Bihar Prohibition and Excise Act, 2016. Counsel for the petitioner submits that petitioner was in custody in connection with Kalyanpur P.S. Case No.135 of 2019 on the date of occurrence. The Additional Sessions Judge has mentioned in the impugned order that petitioner was remanded in this case on 17.06.2019 from Kalyanpur P.S. Case No.135 of 2019.

In the written report it is alleged that one Bittu Sah was apprehended by the police and he disclosed name of the petitioner. There is no recovery of any illicit liquor from

Patna High Court CR. MISC. No.45681 of 2019(2) dt.29-07-2019 2/2 possession of the petitioner.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. 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 Additional Sessions Judge II cum Special Judge, Excise, Samastipur, in connection with Kalyanpur P.S. Case No.60 of 2019, subject to the condition that both the bailors shall be close relative of the petitioner. It appears from para 3 that one more case under the Excise Act is pending against the petitioner. The petitioner will file an Affidavit at the time of his furnishing bail bond that he will not indulge in such activities in future. In the event, he is found indulged in such activity in future, his bail bond in the instant case shall liable to be cancelled.

(Sanjay Priya, J) J. Alam/- U T ,