Patna High CourtCR. MISC./28227/2018bail granted

Dhiraj Kumar v. The State Of Bihar

2018-05-11Justice Smt. Nilu Agrawal2 pages

Patna High Court Cr.Misc. No.28227 of 2018 (2) dt.11-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28227 of 2018 Arising Out of PS.Case No. -391 Year- 2018 Thana -SAHARSA District- SAHARSA ======================================================

1. Dhiraj Kumar, Son of Late Rambilash Chaudhary, Resident of VillageBengha, Ward No. 4, P.S.- Saharsa, District- Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. Sri Ashok Kumar Singh 1 ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 11-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Saharsa Sadar P.S. Case No. 391 of 2018, Special (Excise) Case No. 173 of 2018 for offences punishable under Section 37 (b) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as lodged by the police personnel is that during patrolling duty, they apprehended two persons including the petitioner in a drunken condition and with the help of breath analyzer which confirmed that petitioner along with another person had consumed liquor.

It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the

Patna High Court Cr.Misc. No.28227 of 2018 (2) dt.11-05-2018 aforesaid case and is languishing in judicial custody since 01.04.2018.

However, learned APP for the State opposes the prayer for bail stating therein that the petitioner does not have a clean antecedent and is involved in one more case of similar nature. Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged 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 Special Judge Excise Act, Saharsa, in connection with Saharsa Sadar P.S. Case No. 391 of 2018, Special (Excise) Case No. 173 of 2018.

(Nilu Agrawal, J) sushma/- U T