Dhiraj Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30588 of 2023 Arising Out of PS. Case No.-60 Year-2023 Thana- RAJEPUR District- East Champaran ====================================================== DHIRAJ KUMAR SAH Son of Keshaw Sah Resident of Village - Bhudkurwa, P.S.- Rajepur, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in a case registered for the offence punishable under Sections 272 and 273 of Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act.

Prosecution case is that 348.48 litres of foreign liquor was recovered from garden situated behind the dalan of the petitioner.

Learned counsel appearing for the petitioner submits that recovery has been made from an open place and nothing has been recovered from the conscious possession of the petitioner. Petitioner has got no criminal antecedent. Learned counsel for the State opposed the prayer for bail.

Considering the facts of the case, in the event of

Patna High Court CR. MISC. No.30588 of 2023(2) dt.19-05-2023 2/2 arrest/surrender within six weeks from today, let the petitioner, above named, be released 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 Exclusive Special Excise Court No.-1, Motihari, East Champaran in connection with Rajepur Police Station Case No. 60 of 2023 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Alok Verma/- U T