Dinesh Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58940 of 2022 Arising Out of PS. Case No.-181 Year-2022 Thana- RAGHOPUR District- Vaishali ====================================================== 1.

DINESH RAY Son of Lala Ray Resident of Village- Jafrabad, Dih, P.S.- Raghopur ( Rustampur O.P.), District- Vaishali. 2.

HAKIM RAY Son of Jayram Ray Resident of Village- Jafrabad, Dih, P.S.- Raghopur ( Rustampur O.P.), District- Vaishali. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jay Ram Prasad For the Opposite Party/s :

Ms. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-12-2022 Heard learned counsel for the petitioners and learned APP for the State through virtual court proceedings. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 272, 273 and 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

40 litres of country made liquor has been recovered from the spot. All accused persons are said to have fled away from the place of occurrence.

Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. It is submitted that the petitioners have got no criminal antecedent as stated in paragraph-3 of the bail

Patna High Court CR. MISC. No.58940 of 2022(2) dt.02-12-2022 2/3 application. It is further submitted that there is no recovery from the conscious possession of the petitioners.

Petitioners are agree to deposit a sum of Rs. 15,000/- (rupees fifteen thousand) each in the Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

Taking into consideration the fact that there is no recovery from the conscious possession of the petitioners, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Prohibition & Excise Court-2nd, Hajipur at Vaishali in connection with Raghopur (Rustampur O.P.) P.S. Case No.181 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the further conditions that:

(i) One of the bailors will be their own blood relative, preferably, father, mother, brother, sister and/or their wives. (ii) The petitioners shall not indulge themselves in any

Patna High Court CR. MISC. No.58940 of 2022(2) dt.02-12-2022 3/3 similar offence till conclusion of the trial. The bail bond of the petitioners shall be accepted by the learned court below on showing receipts of deposit of the aforesaid amount in the Patna High Court Legal Services Committee, Patna.

(Anjani Kumar Sharan, J) Sanjay/- U T