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Dipak Rai v. the State of Bihar

Patna HC8 Mar 2022CR. MISC./24162/2021

Case brief

AI extract

What is this about?

In an anticipatory bail application filed under Section 438 Cr.P.C. regarding offences under the Bihar Prohibition and Excise Act, the High Court inclined to enlarge the petitioner on bail, directing surrender within four weeks subject to a bond of Rs. 10,000 and sureties.

What did the court decide?

The petitioner is directed to surrender in the Court below within four weeks and enlarge on bail by furnishing a bond of Rs. 10,000 with two sureties.

Dipak Rai Vs the State of Bihar — Anticipatory Bail | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24162 of 2021

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Arising Out of PS. Case No.-972 Year-2020 Thana- MADHAURAH District- Saran

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======================================================

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DIPAK RAI S/o Pasuram Rai Resident of Village- Dumari Chhapia, P.S.Taraiya, District- Saran at Chapra.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Ajit Kumar Singh For the Opposite Party/s : Mr.APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER

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4 08-03-2022

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Heard learned counsel for the petitioner and learned

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APP for the State.

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The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Marhowrah P.S. Case no. 972 of 2020 instituted for the offence under Sections 30 and 30(a) of the Bihar Prohibition and Excise Act.

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Prosecution case relates to recovery of 35 liters of spirit from a motorcycle and taking advantage of darkness, petitioner succeeded in fleeing away from the place of occurrence.

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Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. Petitioner has no

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Patna High Court CR. MISC. No.24162 of 2021(4) dt.08-03-2022 2/2

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concern with the alleged recovery. The alleged vehicle belongs to Abdul Rahman Ansari, which appears from para-4 of the supplementary affidavit. Petitioner was not apprehended on spot.

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Learned APP appearing for the State has opposed the prayer of Bail.

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Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Marhowrah P.S. Case no. 972 of 2020, he will be enlarged 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 Additional District and Sessions Judge IInd-cum-Special Jude, Excise, Saran at Chapra subject to the conditions as laid down under section 438(2) of the Cr.P.C.

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(Sunil Kumar Panwar, J)

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sushma/- U

Dipak Rai v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Dipak Rai v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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