Dharmendra Ray @ Dharmendra Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88619 of 2024 Arising Out of PS. Case No.-40 Year-2022 Thana- BIBHUTIPUR District- Samastipur ====================================================== Dharmendra Ray @ Dharmendra Kumar Ray Son of Late Ratan Ray R/OVillage - Kurni Bajitpur , Police station - Dalsingsarai , District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Pratap, Advocate For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-01-2025 Heard Learned Counsel for the petitioner and Learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Bibhutiput P.S. Case No. 40 of 2022, lodged on 03.02.2022 under Sections 30(a), 32(2), 32(3), 36, 41(1), 41(2) of the Bihar Prohibition and Excise (Amendment) Act, 2018

3. As per the prosecution, Total recovery of 2525.400 litres of illicit foreign liquor has been made which is the subject matter of the present case.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel further submits that name of the petitioner has figured in this case by virtue of secret information. Counsel further submits that the petitioner is neither the owner nor the driver and co-

Patna High Court CR. MISC. No.88619 of 2024(2) dt.18-01-2025 2/2 driver of the said vehicle. Counsel fairly submits that the criminal antecedent of the petitioner is not clean, there are four criminal cases pending against him and he is in custody since 28.10.2024. Counsel further submits that the co-accused has already been granted bail by this Court vide order dated 25.11.2022 passed in Cr. Misc. No.51685 of 2022.

5. Learned APP for the State opposes the prayer for bail and submits that the criminal antecedent of the petitioner is not clean, there are in total four criminal cases pending against him but he is on bail in all the four cases.

6. In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to grant bail to the petitioner at present. Therefore, the bail application of the petitioner is hereby rejected but liberty is hereby granted to the petitioner that he may renew his prayer for bail after framing of charge.

(Dr. Anshuman, J.) Aman Kumar/- U T