Patna High CourtCR. MISC./42364/2024bail granted

Dhiraj Kumar v. The State Of Bihar

2024-06-20Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42364 of 2024 Arising Out of PS. Case No.-596 Year-2024 Thana- Excise P.S. District- Patna ====================================================== DHIRAJ KUMAR SON OF BHOLA MAHTO R/O- CHOTI PAHARI, KUMHRAR, TOLA, P.S.- AGAMKUAN, DISTT.- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rohit Mishra, Adv.

For the Opposite Party/s :

Mr.Pushpa Sinha.1, app ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-06-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Excise Patna P.S. Case No. 596 of 2024 dated 16.03.2024 registered for the offence/s punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 80.25 litres of illicit foreign liquor was recovered from the open field stuated near the house of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The recovery was made from an open place that is accessible to anyone. The petitioner has no concern with the

Patna High Court CR. MISC. No.42364 of 2024(2) dt.20-06-2024 2/2 alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 17.03.2024.

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

6. 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, Patna in connection with Excise Patna P.S. Case No. 596 of 2024.

7. The application stands allowed.

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