Patna High CourtCR. MISC./32512/2018allowed

Dhiraj Kumar Singh v. The State Of Bihar

2018-06-05Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32512 of 2018 Arising Out of PS. Case No. -72 Year- 2018 Thana -NABINAGAR District- AURANGABAD ====================================================== Dhiraj Kumar Singh, S/o Ishwari Singh, R/o Village- Raypura, P.S.- Aurangabad (Mufassil), District- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s : Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-06-2018 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Nabinagar P.S. Case No. 72 of 2018 for the offence under Sections 30(a)/38 of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner with reference to F.I.R. submits that from perusal of the F.I.R. itself, it would be evident that one Suman Singh, who is the main accused, is involved in the trade of liquor and this petitioner is neither the owner of the liquor nor the owner of the vehicle. He further submits that the main accused, namely, Suman Singh, has been granted bail by a Co-ordinate Bench of this Court vide order dated 01.05.2018 in Cr. Misc. No. 26523 of 2018. He submits that the petitioner has no criminal antecedent and he is in custody since 18.03.2018.

Patna High Court Cr.Misc. No.32512 of 2018 (2) dt.05-06-2018 2/2 Considering the fact that the petitioner has no criminal antecedent and he has remained in custody for 2 1⁄2 months, the petitioner, named above, is directed to be released on 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-VII-cumSpecial Judge, Excise, Aurangabad in connection with Nabinagar P.S. Case No. 72 of 2018.

(Anil Kumar Upadhyay, J) Uday/- U T