Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52404 of 2024 Arising Out of PS. Case No.-212 Year-2024 Thana- DHAKA District- East Champaran ====================================================== Dhiraj Kumar Son of Prabhu Bhagat Resident of village - Bakhari Khajoori, P.S.- Dhaka, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-08-2024 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner is seeking regular bail in connection with Dhaka P.S. Case No. 212 of 2024 for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act 2018.

3. As per allegation, on a secret information, the informant along with police personnel reached the place of occurrence. The accused person including the petitioner tried to flee away but they were apprehended. On search, 186 liters of Nepali Relax liquor is said to have been recovered from the sack loaded on a motorcycle.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.52404 of 2024(2) dt.01-08-2024 2/2 this case. He has further submitted that the petitioner is not owner of the motorcycle. He has also submitted that nothing was recovered from the possession of the petitioner. The petitioner is a person of clean antecedent and is under custody since 29.05.2024.

5. On the other hand, the learned APP for the State has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances as well as the clean antecedent, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 03, East Champaran at Motihari in connection with Dhaka P.S. Case No. 212 of 2024, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) Nirmal/- U T