Dhiraj Sahani @ Dhiraj Kumar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10716 of 2017 Arising Out of PS.Case No. -495 Year- 2016 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Dhiraj Sahani @ Dhiraj Kumar Sahani, son of Late Mathura Sahni, Resident of Village- Belwanwa, P.S.- Motihari (Town), Distt- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhurendra Kumar, Advocate For the Opposite Party/s : Mr. Chaubey Jawahar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 28-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 12.10.2016 in connection with Turkaulia (Banjaria) P.S. Case No. 495/16 registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and Section 36(B) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case is that the police on patrolling duty apprehended a tempo. Petitioner alongwith another coaccused Bittu Mian tried to flee away, but were apprehended and on search from the tempo 36 litres of Nepali sophie wine was recovered.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.10716 of 2017 (2) dt.28-03-2017 2/2 petitioner that he is innocent, bears no criminal antecedent and nothing has been recovered from his conscious possession and as two persons were apprehended and nothing was found from the conscious possession of the petitioner, the seized liquor cannot be attributed to him. It is further submitted that the charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Turkaulia (Banjaria) P.S. Case No. 495/16.

(Nilu Agrawal, J) Rajesh/- U T