Patna High CourtCR. MISC./47172/2017bail granted

Dhiren Biswas @ Dhirender Biswas @ Dirender Kumar @ Dimple Biswas v. The State Of Bihar

2017-10-09Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47172 of 2017 Arising Out of PS.Case No. -70 Year- 2017 Thana -SONBERSA District- SAHARSA ======================================================

1. Dhiren Biswas @ Dhirender Biswas @ Dirender Kumar @ Dimple Biswas Son of Naresh Biswas, R/o Village and P.S.- Sonbarsha Raj and District- Saharsa.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Kumar For the Opposite Party/s : Smt. Reena Sinha ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 09-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Special Case No. 172/2017, arising out of Sonbarsha Raj P.S. Case No. 70/2017 for offences punishable under Sections 272, 273, 34 of the Indian Penal Code and Section 30 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the police personnel, is that on a secret tip off that the petitioner was storing illicit liquor, the thatched straw house of the petitioner was raided and 12 bottles each containing 750 ml. of foreign liquor was found. Accordingly, a seizure-list was prepared.

Patna High Court Cr.Misc. No.47172 of 2017 (2) dt.09-10-2017 2/2 It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case. He further submits that nothing has been recovered from his conscious possession and he is languishing in judicial custody since 29.08.2017. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged 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 A.D.J. IInd cum Special Judge, Bihar Prohibition and Excise Act, 2016, Saharsa, in connection with Special Case No. 172/2017, arising out of Sonbarsha Raj P.S. Case No. 70/2017. (Nilu Agrawal, J) Rajesh/- U T