Dharmendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85698 of 2024 Arising Out of PS. Case No.-488 Year-2024 Thana- MALSALAMI District- Patna ====================================================== Dharmendra Rai Son of Gigal Rai Resient of Mohalla- Nababganj Bandel Toli, P.S -Malsalami, District-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rudra Deo, Advocate For the Opposite Party/s :

Mr. Braj Kishore Pd (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Malsalami PS Case No. 488 of 2024 instituted for the offences under Sections 30(a) and 37 of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 100 litres of country made liquor was recovered from the courtyard of the petitioner.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted

Patna High Court CR. MISC. No.85698 of 2024(2) dt.17-12-2024 2/2 that recovery is made from the joint house of the petitioner where the other family members also reside. The petitioner is in custody since 20.10.2024 and has got two criminal antecedents. There is no compliance of Section 103 of B.N.S.S. 5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Malsalami PS Case No. 488 of 2024.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T