Dhiraj Sahni @ Dhiraj Shani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8254 of 2019 Arising Out of PS. Case No.-310 Year-2018 Thana- BIHARIGANJ District- Madhepura ====================================================== Dhiraj Sahni @ Dhiraj Shani, Aged about 28 years, Male, S/o Jogendra Sahni, Resident of Village- Godhiyari Tola,Ward No. 14, Gorpar, P.S. Bihariganj, District Madhepura.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pawan Kumar, Adv.
For the Opposite Party/s :
Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-02-2019 Heard leaned counsel for the petitioner and learned APP for the State.
The petitioner is languishing in custody since 26.12.2018 in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case is that from the possession of the petitioner, 20 litres of country made mahua liquor were recovered.
It is submitted by learned counsel from the petitioner that nothing has been recovered from the conscious physical possession of the petitioner and in the background of local politics, the petitioner has been roped in the present case. A statement has been made in paragraph no.3 of the petition that
Patna High Court Cr.Misc. No.8254 of 2019(2) dt.14-02-2019 2/2 the petitioner is not having any criminal antecedent. Learned APP for the State submits that the recovery has been made from the possession of the petitioner. Considering the quantity of recovery and period under custody, coupled with the statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Madhepura, in connection with Bihariganj P.S. Case No.310 of 2018.
(Dinesh Kumar Singh, J) Deepak/- U T