Dheeraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66334 of 2023 Arising Out of PS. Case No.-183 Year-2022 Thana- BHAGWANPUR District- Begusarai ====================================================== Dheeraj Kumar, Son Of Suresh Singh @ Suresh Ray R/V Mokhtiyarpur, P.S.- Bagwanpur, Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar, Advocate For the Opposite Party/s :

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Bhagwanpur P.S. Case No. 183 of 2022, lodged on 23.09.2022 under Section 30(a) of Bihar Prohibition and Excise Act, 2018.

3. As per the prosecution case, the total recovery of 4143.240 litres of foreign liquor is the subject matter of the present case.

4. Learned counsel for the petitioner submits that due to inadvertence in the typing mistake, the period of custody has been wrongly typed in paragraph 7 as 11.07.2023 instead of 22.06.2023. He is directed to correct the same in the course of the day.

5. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.66334 of 2023(2) dt.16-10-2023 2/3 petitioner is innocent and in the FIR, his name has not been disclosed rather only truck number and absconded accused persons have been mentioned in the FIR. He submits that his name has figured in this case after six months of the investigation. He further submits that the antecedent of the petitioner is not clean and there are five criminal cases pending against him.

6. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the antecedent of the petitioner is not clean and huge quantity of wine has been recovered in this case.

7. In the present facts and circumstances, I am not inclined to grant regular bail to the petitioner.

8. Accordingly, the prayer for regular bail of the petitioner in connection with Bhagwanpur P.S. Case No. 183 of 2022, pending before the learned Special Excise Judge 1st Begusarai is hereby rejected.

9. However, the Trial Court is directed to release the petitioner on bail by imposing its own condition so that the petitioner may not evade appearance during trial, if he renews his prayer for bail after framing of charge.

Patna High Court CR. MISC. No.66334 of 2023(2) dt.16-10-2023 3/3

10. With this observation, the bail application stands disposed of.

(Dr. Anshuman, J.) Divyansh/- U T