Dhiraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52870 of 2024 Arising Out of PS. Case No.-121 Year-2024 Thana- NAVINAGAR District- Aurangabad ====================================================== Dhiraj Kumar S/o- Shyam Paswan @ Shyam Lal Paswan Village- Belain PsNabinagar Dist- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Mukul Kumari, Adv.
For the Opposite Party/s :
Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-08-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 279, 337, 338, 427 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, registered in connection with Navinagar P.S. Case No. 121 of 2024.
3. As per prosecution case, there has been recovery of total 280.8 liters of liquor from a Bolero vehicle in which petitioner was sat inside.
4. The learned counsel for the petitioner has submitted that petitioner has been falsely implicated in this case and has committed no offence. Petitioner has no concern with the
Patna High Court CR. MISC. No.52870 of 2024(2) dt.12-08-2024 2/2 alleged recovery of liquor and has knowledge regarding the goods loaded in it. He submitted that petitioner is neither the owner nor the driver of the seized vehicle. No incriminating article has been recovered from his conscious possession. Petitioner is a person of clean antecedent and he is in custody since 23.04.2024.
5. Learned APP for the State has opposed the prayer of bail.
6. Considering the above facts and circumstances of the case as well as petitioner having clean antecedent, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of Special Judge, Excise, Aurangabad, in connection with Navinagar P.S. Case No. 121 of 2024, subject to the condition that the petitioner shall co-operate in the disposal of trial and make himself available as and when required by the Court. (Nawneet Kumar Pandey, J) Arish/- U T