Patna High CourtCR. MISC./1018/2023bail granted

Dhirendra Das v. The State Of Bihar

2023-04-25Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1018 of 2023 Arising Out of PS. Case No.-197 Year-2022 Thana- BARHIYA District- Lakhisarai ====================================================== Dhirendra Das Son Of Late Ramdev Das R/O Village- Shankari, P.S.- Jasidih, District- Deoghar (JHARKHAND) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Prasad, Adv.

For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 25-04-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Barahiya P.S. Case No. 197 of 2022 dated 14.09.2022 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. The main submissions advanced by petitioner's counsel are that the instant matter relates to the recovery of total 30 litres of foreign liquor from the alleged vehicle (tempo) but the petitioner has no concern with the alleged liquor, in fact he was stated to be driver of the alleged vehicle and the co-accused Rahul Ranjan had hired the alleged vehicle to go somewhere and the petitioner had no knowledge about the alleged wine being kept in two bags, which the co-accused was carrying and

Patna High Court CR. MISC. No.1018 of 2023(2) dt.25-04-2023 2/2 there is no independent witness of search and seizure of the alleged liquor and the petitioner has been implicated in this case by the police party with an ulterior motive. Further submissions are that the petitioner has fair and clean antecedent and has been languishing in jail since 14.09.2022.

4. Learned APP appearing for the State has opposed the bail prayer.

5. In view of the above submissions made by learned counsel for the petitioner as well as petitioner's fair and clean antecedent and also the fact that there is no independent witness of the alleged recovery, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Barahiya P.S. Case No. 197 of 2022.

(Shailendra Singh, J) annu/- U T