Dhanajay Singh @ Dhananjay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29628 of 2022 Arising Out of PS. Case No.-104 Year-2022 Thana- BARHARA District- Bhojpur ====================================================== Dhanajay Singh @ Dhananjay Singh S/O Late Prithvi Singh R/O VillageSituhari, P.S.- Narayanpur, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Sucheta Yadav, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 06-08-2022 The matter has been heard via Video Conferencing. Heard learned counsel for the petitioner and Ms. Sucheta Yadav, learned A.P.P for the State.

The petitioner seeks bail in connection with a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Allegation is of recovery of 10 liters 14 ml of foreign liquor from the possession of the petitioner, who was caught by the police during the vehicle checking.

Learned counsel for the petitioner submits that the petitioner is innocent and he has no concern with the seized liquor. It is further submitted that mandatory provision of Subsection 2 of Section 74 and Section 82 of the Bihar Prohibition and Excise Act with respect to search and seizure have not been

Patna High Court CR. MISC. No.29628 of 2022(2) dt.06-08-2022 2/2 followed. Further, it is stated that the petitioner was passing through and he was stopped by the police and asked to sign a blank paper for preparing seizure list but the petitioner denied for putting his signature on blank paper and said that recovery was not made in his presence, due to which he has been falsely implicated in this case due to high handedness of the police. It is further submitted that the petitioner is in custody since 12.02.2022 and is a person with clean antecedent. Learned A.P.P 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 P.S. Case No. 104 of 2022.

(Khatim Reza, J) shanu/- U T