Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18412 of 2023 Arising Out of PS. Case No.-35 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== Dhiraj Kumar Son Of Santosh Chaudhary Resident Of Muhalla Umta, Ward No 6 P.S. And Distt- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kumar Mishra For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition & Excise Act.

Prosecution case relates to recovery of total 100 liters illicit liquor from a tempo bearing Registration No. BR25A-9143 and the petitioner is said to driver of the seized vehicle.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. A statement has been made in para-3 of the

Patna High Court CR. MISC. No.18412 of 2023(2) dt.10-05-2023 2/3 petition that the petitioner has got no criminal antecedent. Petitioner is alleged to be driver of the seized vehicle but he has no concern with the alleged recovery of illicit liquor. No any incriminating article has been recovered from his possession. The petitioner is languishing in judicial custody since 24.1.2023.

Learned APP appearing for the State has vehemently opposed the prayer of Bail and submitted that the petitioner is apprehended on spot with the alleged recovery of illicit. The petitioner is directed to deposit a sum of Rs 10,000/- (Ten Thousand) in the District Legal Services Authority of concerned District.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Masaurhi P.S. Case No. 35 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna.

The bail bonds of the petitioner shall be accepted by the learned court below on showing the receipt of deposit of

Patna High Court CR. MISC. No.18412 of 2023(2) dt.10-05-2023 3/3 Rs. 10,000/- (Rs. Ten thousand) by the petitioner in the account of the concerned DLSA.

(Sunil Kumar Panwar, J) Amandeep/- U T