Dhanji Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35913 of 2021 Arising Out of PS. Case No.-364 Year-2020 Thana- RIVILGANJ District- Saran ====================================================== DHANJI SINGH SON OF LATE GOPALJI SINGH Resident of Village - Nayka Barka Baiju Tola, P.O. and P.S.- Revilganj, Dist.- Saran at Chapra (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar For the Opposite Party/s :

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 31-03-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Rivilganj Police Station Case No. 364 of 2020, registered for the offence punishable under Sections 30 (a)/41 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as per the First Information Report, is that the police raided the hutment of the petitioner and recovered 150 litres of illicit country-made liquor from the hutment of the petitioner and two motorcycles parked near the hutment.

Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged

Patna High Court CR. MISC. No.35913 of 2021(3) dt.31-03-2022 2/3 and he has falsely been implicated in this case with oblique motive. He further submits that the petitioner is not the owner of any of the motorcycles, which were parked near the hutment. He further submits that the hutment, from where illicit liquor has been recovered, does not belong to the petitioner. He further submits that the petitioner is in custody since 19.04.2021 and charge sheet has been submitted against him and as such there is no apprehension that the petitioner will abscond and/or tamper with the evidence.

Having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that no illicit liquor has been recovered from the conscious possession of the petitioner and/or the vehicles belonging to him, he is in custody since 19.04.2021 and charge sheet has already been submitted against him, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge -cumSpecial Judge, Excise, Saran, at Chapra, in connection with

Patna High Court CR. MISC. No.35913 of 2021(3) dt.31-03-2022 3/3 Rivilganj Police Station Case No. 364 of 2020. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √