Dhiraj Kumar @ Dhiraj Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55912 of 2023 Arising Out of PS. Case No.-59 Year-2023 Thana- DORIGANJ District- Saran ====================================================== Dhiraj Kumar @ Dhiraj Ray, Son Of Janak Ray Resident Of Village- Fulchak, Chirand, Po- Chirand, Ps- Diriganj, Distt- Saran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Akshay Kumar For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-08-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and the allegation is of recovery of 23.25 litres of liquor found concealed under a sand at Bank of river Ganga.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated at the instance of villagers, but then, the F.I.R. does not disclose the name of the villager, who disclosed the name of

Patna High Court CR. MISC. No.55912 of 2023(2) dt.25-08-2023 2/2 the petitioner, which cast an aspersion on the case of the prosecution and even alleged recovery is from a place, which is accessible to public at large.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-2-cum-Special Judge Excise1st, Saran at Chapra in connection with Doriganj P. S. Case No.59 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T