Dheeraj Kumar @ Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4787 of 2024 Arising Out of PS. Case No.-227 Year-2022 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Dheeraj Kumar @ Dhiraj Kumar S/O LATE TARNI RAI @ LATE TARANI RAI VILLAGE- PIPRA CHOWK, WARD NO. 16, PS. TOWN, (RATANPUR O.P.), DIST. BEGUSARAI.

... ... Petitioner/s

Versus

The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sandip Kumar Gautam, Adv.

For the Opposite Party/s :

Mr.Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-02-2024

1. Heard learned counsel for the petitioner and the learned A.P.P. for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offenses punishable under Sections 30(a), 32(3) of the Bihar Prohibition and Excise Amendment Act.

3. The learned counsel appearing for the petitioner submits that the petitioner has antecedent of one case and the allegation is of recovery of 198 liters of liquor from the house of Rajan Kumar, who is brother of the petitioner.

4. The learned counsel for the petitioner next submits that the petitioner was not arrested from the place of occurrence, as such, nothing was recovered from the conscious possession of the petitioner and he came to be implicated in this case merely because he is brother of Rajan Kumar and stays in the same house. It is next submitted that

Patna High Court CR. MISC. No.4787 of 2024(2) dt.13-02-2024 2/2 during the course of the investigation, nothing has come which could even remotely connect the petitioner with the offence apart from the fact that he is brother of Rajan Kumar and stays in the same house. It is also submitted that though one motorcycle was also seized but nothing has been recovered from the said motorcycle which belongs to the petitioner.

5. The learned A.P.P. opposes the anticipatory bail application of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above named, in the event of his arrest or surrender before the court below within a period of six weeks, is directed to be released on bail on furnishing bail bonds of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge-I, Begusarai in connection with Town P.S. Case No. 227 of 2022 subject to the conditions laid down under Section 438(2) of the Cr.P.C. (Satyavrat Verma, J) brajesh/- U T