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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18767 of 2025 Arising Out of PS. Case No.-416 Year-2024 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Dinesh Rai S/o Yogendra Ray R/o Village- Sadha, P.S.- Chapra Muffasil, District- Saran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ravi Prakash, Advocate For the Opposite Party/s : Ms. Renu Kumari, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 28-03-2025 Heard Mr. Ravi Prakash, learned counsel for the petitioner and Ms. Renu Kumari, learned APP for the State.
2. The petitioner seeks bail in connection with Chapra Muffasil PS Case No. 416 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 200 liters country made liquor was recovered from sacs.
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. The name of the
Patna High Court CR. MISC. No.18767 of 2025(2) dt.28-03-2025 2/3 petitioner transpired in this case on the basis of disclosure made by local chowkidar. The petitioner is in custody since 22-02- 2025 and has got three criminal antecedents. There is no compliance of Section 103 of the BNSS, 2023. Other co- accused has been granted bail by this Court vide order dated 08- 01-2025, passed in Cr. Misc. No. 88665 of 2024.
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, claim based on parity 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) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Chapra Muffasil PS Case No. 416 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner. (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the
Patna High Court CR. MISC. No.18767 of 2025(2) dt.28-03-2025 3/3 bail bonds of the petitioner.
Raj Kishore/- (Rudra Prakash Mishra, J) U T