Patna High CourtCR. MISC./74012/2024bail granted

Sakaldeep Rai v. The State Of Bihar

2024-10-18Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74012 of 2024 Arising Out of PS. Case No.-174 Year-2024 Thana- DERNI BAZAR District- Saran ====================================================== Sakaldeep Rai Son of Sudarshan Ray Resident of Village- Derni Bazar (Kirkiya), P.S.- Derni District Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok, Adv.

For the Opposite Party/s :

Mr.Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-10-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Derni P.S. Case No. 174 of 2024 dated 12.08.2024 registered for the offences punishable u/ss 30(a) and 37 of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 150 litres of illicit country made liquor was recovered from the tempo and the motorcycle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the owner of one of the said vehicles (motorcycle) but the same was not being ridden by the petitioner

Patna High Court CR. MISC. No.74012 of 2024(2) dt.18-10-2024 2/2 at the time of the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The co-accused persons have already been granted regular bail by this court vide order dated 18.09.2024 passed in Cr. Misc. No. 67089 of 2024. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 30.08.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran at Chapra in connection with Derni P.S. Case No. 174 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T