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Patna High CourtCR. MISC./57218/2023bail granted

Dilip Rai v. The State Of Bihar

2023-11-08Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57218 of 2023 Arising Out of PS. Case No.-148 Year-2023 Thana- KALYANPUR District- Samastipur ====================================================== Dilip Rai Son Of Modi Rai @ Modi Ray R/O Vill- Jhakhara, Ps- Kalyanpur, Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar, Advocate For the Opposite Party/s :

Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-11-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with G.R. no. 328 of 2023 (arising out of Kalyanpur P.S. Case no.148 of 2023) registered under section 30(a) of the Bihar Prohibition & Excise Act, 2016.

3. As per the prosecution case, 198 litres of IMFL was recovered from the pick-up van parked in front of the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner has no concern with the seized liquor nor with the pick-up van from which it was allegedly seized. The cause of false implication of the petitioner is his antecedent. He is in custody since 18.5.2023 and charge-sheet has been submitted in the case.

Patna High Court CR. MISC. No.57218 of 2023(3) dt.08-11-2023 2/2

5. Heard learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner that he has no connection whatsoever with the pick-up van from which the liquor was seized together with the petitioner having remained in custody for more than 5 months since 18.5.2023 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Kalyanpur P.S. Case no.148 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise-I, Samastipur. (Partha Sarthy, J) Shiv/- U T