Dhiraj Kumar @ Dhiraj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62489 of 2017 Arising Out of PS.Case No. -92 Year- 2017 Thana -SHIVSAGAR District- SASARAM (ROHTAS) ====================================================== Dhiraj Kumar @ Dhiraj Kumar Singh, S/o Late Sadhu Kahar, R/o VillageTurki, P.S.- Agarer, District- Rohtas. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kamla Kant Pandey, Advocate. For the Opposite Party/s : Mr. Jagdhar Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-12-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Sheosagar P.S. Case No. 92 of 2017 instituted for the offence under Section 30(a) of Bihar Prohibition and Excise Act.

As per seizure list which is enclosed with the First Information Report, the seizure of foreign liquor has been made from the house of Lal Mohammad Ansari. The seizure list bears signature of said Lal Mohammad Ansari.

In the written report it is mentioned that Lal Mohamad Ansari disclosed the name of this petitioner to the police. As such, there is no recovery of foreign liquor from conscious possession of this petitioner.

It is mentioned in paragraph-3 of the bail petition that

Patna High Court Cr.Misc. No.62489 of 2017 (2) dt.22-12-2017 2/2 petitioner has no criminal antecedent.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Sheosagar P.S. Case No. 92 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Court, Excise, Rohtas at Sasaram, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.