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Patna High CourtCR. MISC./3130/2020dismissed

Dhiraj Kumar Sah v. The State Of Bihar

2020-01-28Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3130 of 2020 Arising Out of PS. Case No.-96 Year-2019 Thana- NAYAGAON District- Saran ====================================================== Dhiraj Kumar Sah Son of Shankar Sah, Resident of Village - Mahmudchak, P.S. - Nayagaon, District - Saran ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Rabindra Kumar Priyadarshi For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-01-2020 Heard the parties.

The petitioner seeks bail in Nayagaon P.S. Case No.96 of 2019 registered for the offence punishable under Sections 147, 148, 341, 323, 333,353, 504, 506/201, 188, 272, 273 of the Indian Penal Code and Sections 30/38/41/45 of the Bihar Prohibition and Excise Act.

As per the prosecution report, there is recovery of 60 country made liters from the house of the petitioner, kept in a plastic Jar. It is alleged that other co-accused persons reached there and got the petitioner released from the police custody and also damaged the police vehicle and abused.

Submission of learned counsel for the petitioner is that the petitioner has been falsely implicated in this case due to local politics having no criminal antecedent and he is in custody

Patna High Court CR. MISC. No.3130 of 2020(2) dt.28-01-2020 2/2 since 14.12.2019. Further submission is that nothing has been recovered from the conscious possession of the petitioner. Heard learned Addl. Public Prosecutor.

In view of facts and circumstances, as stated above, I am not inclined to enlarge the petitioner on bail at this stage, however once the charge is framed in this case, the petitioner is at liberty to renew his prayer for bail.

With the aforesaid observation, this application for bail is dismissed.

(Vinod Kumar Sinha, J.) nawalkrs/- U T