Dheeraj Kumar Singh @ Badiyal Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42505 of 2017 Arising Out of PS.Case No. -82 Year- 2017 Thana -GWALPARA District- MADHEPURA ======================================================
1. Dheeraj Kumar Singh @ Badiyal Singh, S/o Shashibhushan @ Mantun Singh, Resident of Village- Pama, P.S.- Saur Bazar (Patarghat O.P.), District- Saharsa.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nafisuzzoha For the Opposite Party/s : Mr. Mustaque Alam ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 11-09-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in judicial custody since 25.07.2017 in connection with Gwalpara P.S. Case No. 82/2017 for offences punishable under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016. The prosecution case, as lodged by the police personnel, is that on secret information raid was conducted and five litres of country-made liquor was recovered from the possession of other co-accused, who named the petitioner. Accordingly, a seizure-list was prepared.
It has been submitted by the learned counsel for the
Patna High Court Cr.Misc. No.42505 of 2017 (2) dt.11-09-2017 2/2 petitioner that he is innocent, bears no criminal history, nothing has been recovered from his conscious possession and he was not even present at the place of occurrence. He submits that one of the co-accused Ajay Kumar, who was arrested on the spot, has been granted privilege of bail by the learned court below itself. However, learned APP for the State opposes the prayer for bail.
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 Judicial Magistrate, 1st Class, Udakishunganj at Madhepura, in connection with Gwalpara P.S. Case No. 82/2017. (Nilu Agrawal, J) Rajesh/- U T