Patna High CourtCR. MISC./43597/2023bail granted

Dhananjay Kumar v. The State Of Bihar

2023-07-27Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43597 of 2023 Arising Out of PS. Case No.-29 Year-2022 Thana- DANAPUR District- Patna ====================================================== Dhananjay Kumar Son Of Rambabu Rai @ Rambabu Ray Resident Of Village- New Gosain Tola, Ps- Danapur, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ghanshyam Tiwary, Advocate For the Opposite Party/s :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-07-2023 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 Special Case No. 45 of 2022 arising out of Danapur P.S. Case No. 29 of 2022 dated 09.01.2022 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

As per the prosecution case, total 2160 litres of foreign liquor was recovered from four different vehicles. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.43597 of 2023(2) dt.27-07-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has surfaced because he is the owner of the scooty which was parked at the place of occurrence. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 19.04.2023.

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 sureties of the like amount each to the satisfaction of learned Court concerned, Danapur (Patna) in connection with Special Case No. 45 of 2022 arising out of Danapur P.S. Case No. 29 of 2022. The application stands allowed.

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