Patna High CourtCR. MISC./33611/2023bail granted

Dhiraj Kumar v. The State Of Bihar

2023-05-24Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33611 of 2023 Arising Out of PS. Case No.-96 Year-2023 Thana- SHIVSAGAR District- Rohtas ====================================================== DHIRAJ KUMAR SON OF CHATURI RAM R/O Village-Girdhariya, P.S.- Shiv Sagar, District-Rohtas ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashikant For the Opposite Party/s :

Mr. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Shiv Sagar P.S. Case No 96 of 2023 dated 25.02.2023 registered for the offences punishable u/s 30(a) of Bihar Prohibition and Excise Act 2018. As per the prosecution case, total 60 litres was recovered from the motorcycle which the petitioner was riding and on seeing the police, he tried to flee but was apprehended. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.33611 of 2023(2) dt.24-05-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner was apprehended while he was riding on a motorcycle. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 26.02.2023.

Learned A.P.P for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs. 20.000/- (Rupees Twenty Thousand) with two sureities of the like amount each to the satisfaction of Learned Exclusive Special Excise Court No.2-cum- Additional District and Sessions Judge, Rohtas at Sasaram in connection with Shivsagar P.S. Case No 96 of 2023.

The application stands allowed.

(Chandra Prakash Singh, J) Guddu kr/- U T