Patna High CourtCR. MISC./47527/2024bail granted

Dhiraj Kumar v. The State Of Bihar

2024-07-08Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47527 of 2024 Arising Out of PS. Case No.-203 Year-2024 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Dhiraj Kumar, aged about 28 years, Male, Son of Umesh Sahani, Resident of village - Akauna, P.S.- Chiraiya, District - East Champaran. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Manoj Kumar, Advocate For the Opposite Party :

Mr. Lakshmi Kant Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-07-2024 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 Muffasil P.S Case No. 203 of 2024 dated 02.05.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act and 25(1-b)a, 26/35 of the Arms Act.

3. As per the prosecution case, total 900 ml of illicit Nepali liquor was recovered from the dickey of the motorcycle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the recovery has been made from the said motorcycle does not belong to him. Nothing has

Patna High Court CR. MISC. No.47527 of 2024(2) dt.08-07-2024 2/2 been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 03.05.2024.

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, East Champaran, Motihari, in connection with Muffasil P.S Case No. 203 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/amanU T