Dhananjay Singh @ Lalu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40574 of 2021 Arising Out of PS. Case No.-209 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Siwan ====================================================== DHANANJAY SINGH @ LALU SINGH Son of Siyaram Singh Resident of Village- Gangapur Siswan, P.S.- Siswan, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar, Adv.

For the Opposite Party/s :

Ms.Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-01-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Excise case no. C III- 209 of 2021 instituted for the offences punishable under Sections 272, 273 of Indian Penal Code and 30(a) of Bihar Prohibition and Excise Act, 2018. The allegation is regarding recovery of 156.805 liters of illicit liquor from behind the house of the petitioner. The learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in the present case. The learned counsel for the petitioner has further submitted that the petitioner is an accused in one other case but he is on bail in the said case. The learned

Patna High Court CR. MISC. No.40574 of 2021(2) dt.03-01-2022 2/2 counsel for the petitioner has further submitted that admittedly, the illicit liquor has not been recovered from inside the house. Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record, this Court finds that neither the illicit liquor has been recovered from the conscious possession of the petitioner nor from inside the house of the petitioner, thus I deem it fit and proper to admit the petitioner to the privilege of bail. Accordingly, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of 2nd Additional District & Sessions Judge-cum-Special Judge (Excise), Siwan in connection with Excise case no. C III- 209 of 2021. (Mohit Kumar Shah, J) rinkee/- U T