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Patna High CourtCR. MISC./24861/2017bail granted

Dhananjay Kumar Singh v. The State Of Bihar

2017-06-21Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24861 of 2017 Arising Out of PS.Case No. -193 Year- 2017 Thana -KATIHAR District- KATIHAR ======================================================

1. Dhananjay Kumar Singh, S/o Banke Bihari Singh, R/o Daheria, Purana Jute Mill, P.S.- Katihar Nagar, Distt- Katihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s : Smt Renu Kumari, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 21-06-2017 Heard leaned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in jail since 27.03.2017 in connection with Katihar Town (Sahayak) P. S. Case No. 193 of 2017 for offences punishable under Sections 272, 273 of the Indian Penal Code and Sections 30 (a), 37 (b) of Bihar Prohibition and Excise (Amendment) Act, 2016.

The prosecution case as lodged by the police personnel is that on a secret tip off, they searched a tempo (three wheeler) and found two persons in a drunken condition and 48 liters of country made Mahua wine was recovered under the tempo seat and accordingly, a seizure list was prepared. It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.24861 of 2017 (3) dt.21-06-2017 2/2 petitioner that he is only the driver of the said three wheeler and he was not found in drunken condition and only he used to pick passengers and had no connection with alleged seized Mahua wine. It has further been submitted that the petitioner does not bear any criminal antecedent.

However, learned A. P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances of the case and materials on record, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge- II-CUMSpecial Judge, Katihar in connection with Katihar Town (Sahayak) P.S. Case No. 193 of 2017.

(Nilu Agrawal, J) Sudha/- U T