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Patna High CourtCR. MISC./21656/2018bail granted

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

2018-04-17Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21656 of 2018 Arising Out of PS. Case No.-6 Year-2018 Thana- MURAR District- Buxar ====================================================== Dhanraj Kumar Singh @ Dhanraj Kumar S/o Baidyanath Singh @ Baijnath Yadav, R/o Vill.- Baida, P.S.- Murar, District- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satyapal Singh, Adv.

For the Opposite Party/s :

Mr. Bharat Bhushan, APP 156 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-04-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in connection with Murar P.S. Case No. 6 of 2018 registered under Sections 279, 337 and 338 of the Indian Penal Code and Sections 30(a) and 47 of the Bihar Prohibition and Excise Act, 2016.

180 liters of foreign liquor is said to have been recovered from the Bolero jeep of the petitioner, who happens to be the driver of the said vehicle and the petitioner was apprehended.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious possession of the petitioner. He has no concern with

Patna High Court Cr.Misc. No.21656 of 2018(2) dt.17-04-2018 2/2 the seized liquor. He has been falsely implicated in the case at the instance of his enemies by planting aforesaid recovery from his possession. The petitioner happens to be the driver of the vehicle and the commuters managed to escape leaving the aforesaid liquor in the vehicle when it met with the accident and petitioner has no knowledge of the said liquor. He has no criminal antecedent. He has been languishing in custody since 06.03.2018.

Considering the facts, aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Excise Case No. 63 of 2018 to the satisfaction of the Additional District & Sessions Judge II-cum-Special Judge, Excise Act, Buxar. (Prakash Chandra Jaiswal, J) Shamshad/- U T