Dilkhush Rai @ Akash Kumar @ Dilkhush v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74818 of 2022 Arising Out of PS. Case No.-418 Year-2021 Thana- DIGHA District- Patna ====================================================== DILKHUSH RAI @ AKASH KUMAR @ DILKHUSH S/O Ashok Rai R/O Village- Nirala Nagar, P.S- Digha, District-Patna ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rishikesh Narayan Sinha, Advocate For the Opposite Party/s :
Mr.Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-04-2023 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is an accused in connection with Digha P.S. Case No. 418 of 2021 for the offence registered under section 30(a) of the Bihar Prohibition & Excise Act, 2018 lodged on 30.07.2021 by the informant, Manoj Kumar. That the prosecution story, in brief, is that one Manoj Kumar, S.I. of Digha Police Station received a secret information that some peoples were carrying and selling the wine near Gyan Niketan, Nirala Nagar in half constructed Apartment. Thereafter, he alongwith Police party reached there and upon seeing the police persons, the accuseds tried to run away from there but the police caught two persons and they disclosed their names as Ravi Kumar and Rahul Kumar.
Patna High Court CR. MISC. No.74818 of 2022(2) dt.17-04-2023 2/3 Accordingly, seizure list prepared in the presence of Independent witnesses and the petitioner was taken into custody. It has been contended by the learned counsel for the petitioner that only because he has criminal antecedent, he has been implicated in the present case. It has been further contended by him that Rahul Kumar another co-accused has since been released on bail vide Cr. Misc. No. 65433 of 2021. The last submission is that having been remanded from the different case, he is in custody since 30.06.2022 (as stated in paragraph-10 of the petition).
Learned APP for the State opposes the prayer for bail pointing out that he has criminal antecedent and in this case also he has been remanded from another case.
Considering the period of custody i.e. 30.06.2022 as also that similarly placed co-accused Rahul Kumar has since been released on bail by a co-ordinate Bench of this Court, this Court is inclined to extend him privilege of bail. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of learned Spl. Excise, Patna Sadar, Patna in connection with Digha P.S. Case No. 418 of 2021, subject to the following conditions-:
Patna High Court CR. MISC. No.74818 of 2022(2) dt.17-04-2023 3/3 (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;
(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Jagdish/- U T