Allowed

Rahul Ray @ Rahul Kumar @ Rahula Ray v. The State of Bihar

Patna HC19 May 2023CR. MISC./30890/2023

Case brief

AI extract

What is this about?

The Patna High Court allowed a bail application filed by Rahul Ray in PS. Case No. 291 of 2022 regarding offences under the Bihar Prohibition and Excise Act, directing his enlargement on bail subject to specific conditions.

What did the court decide?

Petitioner enlarged on bail by furnishing bonds of Rs. 10,000 and two sureties of the like amount, subject to conditions regarding availability for interrogation and non-interference with witnesses.

Rahul Ray @ Rahul Kumar @ Rahula Ray Vs The State of Bihar — Bail and Remand | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30890 of 2023

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Arising Out of PS. Case No.-291 Year-2022 Thana- NADI P.S. District- Patna

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

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Rahul Ray @ Rahul Kumar @ Rahula Ray S/o Arvind Ray @ Shilendra Ray Resident of village-Fatehjampur, P.S.-Nadi, District-Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Jay Ram Prasad For the Opposite Party/s : Mr. Gauri Shankar Gupta ======================================================

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CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

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2 19-05-2023

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Heard Ld. counsel for the petitioner and Ld. APP

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for the State.

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The petitioner seeks bail in connection with Nandi

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P.S. Case No. 291 of 2022, registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

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As per allegation, 90 liters of liquor has been recovered from the alleged vehicle.

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Ld. counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

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case. He further submits that nothing has been recovered

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from the conscious possession of the petitioner. He also

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Patna High Court CR. MISC. No.30890 of 2023(2) dt.19-05-2023 2/4

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submits that the petitioner has no concern neither with the alleged vehicle nor with the recovered liquor.

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He further submits that the petitioner has been languishing in jail since 14.03.2023.

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It has also been stated in paragraph no. 3 of the

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bail petition that the petitioner has no criminal antecedent.

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It is also stated in paragraph no. 2 of the bail petition that the petitioner has moved this Court earlier for anticipatory bail vide Cr. Misc. No. 7703 of 2023.

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However, Ld. APP for the State vehemently

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opposes the prayer of the petitioner for bail.

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Considering the aforesaid facts and circumstances,

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this application is allowed , directing the petitioner, abovenamed, to be enlarged on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Special Judge Excise, Patna City, in connection with Nandi P.S. Case No. 291 of 2022 on the following conditions:

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(i) The petitioner will make himself available for

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interrogation by a police officer/court as and when required.

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Patna High Court CR. MISC. No.30890 of 2023(2) dt.19-05-2023 3/4

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investigation/trial will not get hampered on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required.

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(iii) The petitioner shall not, directly or indirectly

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make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.

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(iv) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

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(v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner.

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(vi) In case, the petitioner repeats offence of

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Patna High Court CR. MISC. No.30890 of 2023(2) dt.19-05-2023 4/4

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similar nature after enlargement on bail, his bail bond will be cancelled by the court below.

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Ld. counsel for the petitioner is directed to remove

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all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.

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(Jitendra Kumar, J)

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skm/-

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U T

Rahul Ray @ Rahul Kumar @ Rahula Ray v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rahul Ray @ Rahul Kumar @ Rahula Ray v. The State of Bihar

Case brief

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