Din Narayan Ray @ Dip Narayan Ray vs The State Of Bihar on 14 October, 2022

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Patna High Court - Orders

Din Narayan Ray @ Dip Narayan Ray vs The State Of Bihar on 14 October, 2022

Bench: Alok Kumar Pandey

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.53653 of 2022
                     Arising Out of PS. Case No.-743 Year-2022 Thana- ARA NAGAR District- Bhojpur
                 ======================================================
                 DIN NARAYAN RAY @ DIP NARAYAN RAY S/O- PARAS RAI Resident
                 of Village- Salik Gram Singh Ke Tola, P.O. Neknam Tola, P.S. Barahara,
                 District-Bhojpur

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar BIHAR

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ratnakar Ambastha
                 For the Opposite Party/s :       Mr.Veena Kumari Jaiswal
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER

2   14-10-2022

Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks bail in connection with Ara Town P.S. Case No. 743 of 2022 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act.

As per prosecution case, there is alleged recovery of 49 liters beer from the two Splender Motorcycles in question. The petitioner alongwith others is apprehended on spot.

Learned counsel for the petitioner submits that petitioner is in custody since 14.08.2022. Petitioner bears no Patna High Court CR. MISC. No.53653 of 2022(2) dt.14-10-2022 2/3 criminal antecedent. Learned counsel further submits that the petitioner is innocent and has committed no offence as alleged in the F.I.R. Nothing has been recovered from the conscious possession or personal possession of the petitioner. Seizure list has not been made as per law. There is no independent witness to the present occurrence.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case as well as period of custody, keeping in view clean antecedent of the petitioner and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-1, Bhojpur at Ara in connection with Ara Town P.S. Case No. 743 of 2022, subject to following conditions:-

(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive Patna High Court CR. MISC. No.53653 of 2022(2) dt.14-10-2022 3/3 dates without appropriate permission would be a ground for cancellation of bail by the learned Trial court itself.

(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) amitkr/-

U          T

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Patna High Court - Orders