Allowed

Digambar Rai v. The State of Bihar

Patna HC3 May 2023CR. MISC./9377/2023

Case brief

AI extract

What is this about?

The Bench allowed the bail application of a petitioner accused under the Bihar Prohibition and Excise Act. The petitioner was directed to furnish bail bonds of Rs. 10,000 with two sureties to the Exclusive Excise Court.

What did the court decide?

Petitioner enlarged on bail by furnishing bonds of Rs. 10,000 with two sureties to the satisfaction of the Exclusive Excise Court, Sitamarhi.

Digambar Rai 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.9377 of 2023

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Arising Out of PS. Case No.-270 Year-2020 Thana- BAJPATTI District- Sitamarhi

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

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Digambar Rai Son Of Dashrath Rai R/O Vill.- Sandhwara, P.S.- Bajpatti, Distt.- Sitamarhi

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ranjeet Kumar Mishra For the Opposite Party/s : Ms. Nirmala Kumari ======================================================

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CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

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2 03-05-2023 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 Bajpatti

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P. S. Case No. 270 of 2020, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

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As per allegation, 2609.58 litres of liquor was recovered from four vehicles.

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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.9377 of 2023(2) dt.03-05-2023 2/4

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submits that the petitioner is nowhere connected with the vehicle or the liquor as he was not the driver nor the owner of the vehicle. He further submits that some of the coaccused have been granted bail by different Benches of this Court vide orders dated 22.11.2021, 25.06.2021 and 21.10.2021, passed in Cr. Misc. No. 4456 of 2021, Cr. Misc. No. 16062 of 2021 and Cr. Misc. No. 38010 of 2021, respectively.

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He further submits that the petitioner has been languishing in jail since 24.11.2022.

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It has also been stated in paragraph no. 3 of the bail petition that the petitioner has earlier been made accused in one more case.

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It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.

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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, above-

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Patna High Court CR. MISC. No.9377 of 2023(2) dt.03-05-2023 3/4

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named, 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. Exclusive Excise Court – II, Sitamarhi, in connection with Bajpatti P. S. Case No. 270 of 2020 on the following conditions:

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(i) The petitioner will make himself available for interrogation by a police officer/court as and when required.

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(ii) The petitioner will undertake that

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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 criminal antecedents other than the disclosed one, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that

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Patna High Court CR. MISC. No.9377 of 2023(2) dt.03-05-2023 4/4

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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

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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 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 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

Digambar Rai v. The State of Bihar

Case brief

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Digambar Rai v. The State of Bihar

Case brief

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