Dilip Rai @ Dilip Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58987 of 2023 Arising Out of PS. Case No.-101 Year-2023 Thana- KALYANPUR District- Samastipur ====================================================== DILIP RAI @ DILIP RAY Son of Modi Rai @ Modi Ray R/o vill - Jhakhara, P.s. - Kalyanpur, Dist. - Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjan Kumar For the Opposite Party/s :
Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-09-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 30(a), 32(iii), 36 and 41(i) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, there has been recovery of 3270.600 liters of illegal foreign liquor from a truck.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has not apprehended on spot. The name of the petitioner has come into light, on the basis of disclosure by local people, which has got no evidentiary value in the eyes of law. He submitted that the petitioner has no concern either with the seized vehicle or with the wine in
Patna High Court CR. MISC. No.58987 of 2023(2) dt.12-09-2023 2/2 question. No incriminating article has been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 14.06.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Kalyanpur P.S. Case No. 101 of 2023.
(Sunil Kumar Panwar, J) arish/- U