Dhiraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28421 of 2022 Arising Out of PS. Case No.-306 Year-2021 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Dhiraj Kumar Son of Umesh Sharma Resident of Village - Chauki Ward no. 1, Police Station- Sahebpur Kamal, District - Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pushpendra Kumar Singh For the Opposite Party/s :
Mr. Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 06-08-2022 Heard learned counsel for the petitioner and learned A.P.P for the State through virtual Court proceedings. Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. The petitioner seeks bail in connection with a case registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.
Allegation is of recovery of 687.24 liters of foreign liquor from the shop of the petitioner.
Learned counsel for the petitioner submits that the petitioner is innocent and he has no concern with the seized illicit liquor. It is submitted that mandatory provision of SubSection 2 of Section 74 and Section 82 of Bihar Prohibition and
Patna High Court CR. MISC. No.28421 of 2022(2) dt.06-08-2022 2/2 Excise Act with respect to search and seizure have not been followed. It is further submitted the petitioner is in custody since 26.12.2021 and is a person with clean antecedent. Learned APP for the State opposes the prayer for bail. Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) only with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Sahebpur Kamal P.S. Case No. 306 of 2021. (Khatim Reza, J) Gaurav Kumar/- U T