Dhiraj Kumar Sah @ Dheeraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69820 of 2021 Arising Out of PS. Case No.-382 Year-2021 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== DHIRAJ KUMAR SAH @ DHEERAJ KUMAR S/o Shiv Kumar Sah Resident of Ward No. 14, Village- Dadhia Belar, P.S.- Mufassil, DistrictSamastipur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kundan Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-12-2021 Heard learned counsel for the petitioner and the State. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner is apprehending his arrest in connection with Mufassil P.S. Case No. 382 of 2021 registered for the offence under Sections-37(A) & 37(D) of the Bihar Prohibition and Excise Act, 2018 as well as Section-130/141 of the Bihar Panchayat Raj Act, 2016.

The prosecution case, in short, is that a video and photo was circulated wherein liquor party was going on. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner

Patna High Court CR. MISC. No.69820 of 2021(2) dt.23-12-2021 2/2 has been falsely implicated in the present case. As per the allegation, a video became viral in which, a liquor party was shown to be going on. It is further alleged that the said liquor party was going on in the joint house of the petitioner. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Samastipur in connection with Mufassil P.S. Case No. 382 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T