Dheeraj Kumar @ Dheeraj Pandit @ Dhiraj Kumar @ Dhiraj Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8128 of 2024 Arising Out of PS. Case No.-150 Year-2023 Thana- CHACKMEHSI District- Samastipur ====================================================== DHEERAJ KUMAR @ DHEERAJ PANDIT @ DHIRAJ KUMAR @ DHIRAJ PANDIT SON OF DILIP PANDIT R/O-MALI NAGAR, DHUBGAMA, P.S.-CHAKMEHSI, DISTT.-SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rohit Raj For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 13-02-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Chakmehsi P.S. Case No.150 of 2023 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

As per FIR, there is recovery of 274.68 litres of illicit liquor from hut situated at behind the house of the other co-accused person.

4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been

Patna High Court CR. MISC. No.8128 of 2024(2) dt.13-02-2024 2/3 implicated in the present case. It is submitted that recovery of alleged illicit liquor was not made from physical possession of the petitioner rather the same was recovered from a hut situated behind the house of other co-accused person, namely, Rohit Kumar, who has already been granted anticipatory bail by a learned co-ordinate Bench of this Court through Cr. Misc. No.80057 of 2023 on 15.12.2023. It is further submitted the petitioner has no concern with the alleged recovery of illicit liquor. It is further submitted that petitioner is a man of clean antecedent and he is in custody since 03.12.2023. 5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail, after framing of the charge, in connection with Chakmehsi P.S. Case No.150 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Court No.I, Samastipur.

7.

However, the trial court is directed to conclude the proceeding of framing of charge according to law

Patna High Court CR. MISC. No.8128 of 2024(2) dt.13-02-2024 3/3 within a period of 15 (fifteen) days from the date of receipt of a copy of this order.

(Ramesh Chand Malviya, J) S.Katyayan/- U T