Dhirendra Kumar @ Dhiran v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34987 of 2019 Arising Out of PS. Case No.-50 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== DHIRENDRA KUMAR @ DHIRAN Son of Dhrup Rai @ Dhruv Rai Resident of Village - Chilraw, P.S.- Turkauliya, District - East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-05-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is in custody in connection with Turkauliya P.S. Case No. 50 of 2019, registered for the offence punishable under Sections 272, 273/34 of the Indian Penal Code and Section 30 (a) 38 (I), 41 (i) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that petitioner has no criminal antecedent. He further submits that in the instant case total 2000 liters of spirit was recovered. Learned counsel for the petitioner submits that petitioner is neither owner of the vehicle nor owner of the spirit. Learned counsel for the petitioner next contended that seizure list was not prepared in terms of provision of Section 100 Cr.P.C. Learned counsel for

Patna High Court CR. MISC. No.34987 of 2019(2) dt.28-05-2019 2/2 the petitioner would submit that petitioner is in custody in this case since 28.03.2019.

Considering the fact that petitioner has no criminal antecedent and nothing was recovered from his conscious physical possession, this Court inclined to release the petitioner on bail. Let the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Learned 9th Addl. Sessions Judge-cumSpecial Judge, Excise, Motihari, East Champaran in connection with Turkauliya P.S. Case No. 50 of 2019.

(Anil Kumar Upadhyay, J) T.Kr./- U T