Dhiraj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70678 of 2023 Arising Out of PS. Case No.-211 Year-2023 Thana- ISUAPUR District- Saran ====================================================== DHIRAJ SINGH Son of Lakhan Singh R/o vill - Chakhan, P.s. - Isuapur, Distt. - Saran ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Binod Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Sections 30(a), 38 and 41 of the Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 450 liters of sprit country made liquor is said to have recovered from a tractor. He further submits that except secret information of the police that the seized liquor was being imported by all the ten named accused persons including the petitioner, there is no positive material

Patna High Court CR. MISC. No.70678 of 2023(2) dt.22-11-2023 2/3 against the petitioner. He submits that the petitioner has no concern with the seized tractor or the liquor or any of the coaccused persons named in the FIR. He submits that there is no recovery made from the conscious possession of the petitioner. He further submits that petitioner has got four criminal antecedents in similar nature of the offence as stated in para-3 of the bail application.

4. Petitioner is agreed to deposit a sum of Rs. 25,000.00/- (Rupees Twenty-five Thousand) in the account of Patna High Court Legal Services Committee, Patna, bearing Account No. 1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

5. Considering the facts and circumstance of the case, let the above named petitioner, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Isuapur P.S. Case No. 211 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., with further conditions:

Patna High Court CR. MISC. No.70678 of 2023(2) dt.22-11-2023 3/3 (i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

6. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of the aforesaid amount in the account of Patna High Court Legal Services Committee, Patna.

(Anjani Kumar Sharan, J) ajay/- U T