Dhirendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.835 of 2022 Arising Out of PS. Case No.-21 Year-2021 Thana- GAIGHAT District- Muzaffarpur ====================================================== 1.

Dhirendra Singh Son Of Late- Hanumat Singh Resident Of Village- Jarang Tekuna, P.S.- Gaighat, District- Muzaffarpur. 2.

Raja Kumar @ Raja Singh Son of Sri Dhirendra Singh Resident of VillageJarang Tekuna, P.S.- Gaighat, District- Muzaffarpur. 3.

Rahul Kumar @ Rahul Singh Son of Sri Dhirendra Singh Resident of Village- Jarang Tekuna, P.S.- Gaighat, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Anand For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-09-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 272, 273, 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Act. Learned counsel for the petitioners seeks permission to withdraw the petition with regard to petitioner No. 3 namely Rahul Kumar @ Rahul Singh since he has been arrested.

Patna High Court CR. MISC. No.835 of 2022(3) dt.26-09-2022 2/3 Permission is accorded.

Accordingly, the petition with respect to petitioner No. 3 is dismissed as withdrawn.

There is recovery of 120.960 litres of Indian made foreign liquor from the mustard crop field of Dayanand Singh and Vishwanath Singh.

It is submitted by learned counsel for the petitioners that petitioners are innocent and they have falsely been implicated in the present case. It is further submitted that neither the petitioners were apprehended from the spot nor anything was recovered from the conscious possession of the petitioners. It is also submitted that petitioners have no concern either with the seized illicit liquor or with the place of seizure. In the facts and circumstance of the case, let the petitioners, above named, except petitioner No. 3, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of

Patna High Court CR. MISC. No.835 of 2022(3) dt.26-09-2022 3/3 Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Muzaffarpur in connection with Gaighat P.S. Case No. 21 of 2021 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T