Patna High CourtCR. MISC./37891/2023bail granted

Dhiraj Kumar v. The State Of Bihar

2023-06-28Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37891 of 2023 Arising Out of PS. Case No.-99 Year-2023 Thana- AMBA District- Aurangabad ====================================================== DHIRAJ KUMAR, Son of Madan Singh Resident of village - Baliya, P.S. - Amba, Distt. - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-06-2023 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 Amba P.S. Case No. 99 of 2023 dated 25.04.2023 registered for the offences punishable u/s 30 (a) and 37 of the Bihar Prohibition and Excise Act. As per the prosecution case, the petitioner was apprehended with platina motorcycle from which 8.640 litres of country made liquor was recovered.

Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.37891 of 2023(2) dt.28-06-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the possession of the petitioner. He has further submitted that the petitioner has no concern with the alleged recovery. The petitioner has got no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 26.04.2023.

Learned A.P.P. for the State has vehemently opposed the prayer of 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 sureties of the like amount each to the satisfaction of learned Court concerned, Aurangabad in connection with Amba P.S. Case No. 99 of 2023.

The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T