Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8924 of 2017 Arising Out of PS.Case No. -155 Year- 2016 Thana -HAZIPUR INDUSTRIAL DistrictVAISHALI(HAJIPUR) ======================================================

1. Dhiraj Kumar, Son of Yogendra Rai, resident of village - Jadhua, P.S. Hajipur Town, District - Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-05-2017 Heard learned counsel for the petitioner as well as learned A.P.P. for the State.

The petitioner seeks bail in connection with Industrial Area P.S. Case No. 155/2016, registered for the offence punishable under Section 30 of the Bihar Prohibition and Excise Act.

Allegedly, a tempo was seized near bamboo clamp, wherein, 450 litres Indian made foreign liquor was recovered and the petitioner along with two co-accused were apprehended. Submission is of false implication and that the petitioner is in custody since 23.12.2016. Other similarly situated coaccused, namely, Anish Kumar Pintu and Ashok Kumar have

Patna High Court Cr.Misc. No.8924 of 2017 (3) dt.22-05-2017 2/2 already been allowed bail by different Benchs of this Court and as such, the petitioner deserves sympathetic consideration. Learned A.P.P. fairly submits that co-accused have been allowed bail.

In the facts and circumstances stated above, the petitioner, above named, is also directed to be released on bail on execution of bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Vaishali at Hajipur in connection with Industrial Area P.S. Case No. 155/2016, subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J.) Rakhi U T