Dhananjay Singh @ Lallu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60403 of 2017 Arising Out of PS.Case No. -147 Year- 2017 Thana -SISWAN District- SIWAN ======================================================

1. Dhananjay Singh @ Lallu Singh S/o Siyaram Singh, R/o VillageGanjpur, Siswan, P.S.- Siswan, District- Siwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. Sri Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-12-2017 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Siswan PS case no. 147 of 2017 instituted for the offences punishable under Sections 272/273 of Indian Penal Code and Sections 30(A),38(C) of the Bihar Prohibition and Excise Act, 2016.

The allegation in the present case is regarding recovery of huge quantity of illicit liquor from the bushes situated towards the southern side of the poultry farm of the co-accused namely Sheru Mian. The said accused Sheru Mian was apprehended from the spot and he disclosed that he along with the other co-accused persons including the petitioner were carrying

Patna High Court Cr.Misc. No.60403 of 2017 (2) dt.21-12-2017 2/2 illicit trading of liquor from Uttar Pradesh. The learned counsel for the petitioner submits that petitioner's name transpired during the course of investigation upon confessional statement made by the co-accused, he is in custody since 23.09.2017 and as far his antecedent is concerned, one case is pending against him in which, he is on bail. It is further submitted that neither the petitioner was apprehended from the spot nor any recovery was made from his conscious possession and moreover, the similarly situated co-accused person has been granted anticipatory bail by this Court.

Considering the nature of accusation, period of custody undergone and the fact that a similarly situated co-accused has been granted bail, the petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of 2nd Addl. District & Sessions Judge, Siwan in connection with Siswan PS case no. 147 of 2017. (Mohit Kumar Shah, J) rinkee/- U T