Dhiraj Singh @ Dhiraj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68876 of 2022 Arising Out of PS. Case No.-203 Year-2022 Thana- GOPALPUR District- Gopalganj ====================================================== Dhiraj Singh @ Dhiraj Kumar Singh, S/O Late Rajesh Singh R/O VillageLaxmipur Chailwa, P.S.- Gopalpur, Distt- Gopalganj, Bihar. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Indrajeet Bhushan For the Opposite Party/s :

Mr. Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act, 2016.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 45 litres of liquor from a Pulsar motorcycle and 44.8 litres of liquor from a Hero Passion motorcycle. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that he came to be implicated based on confessional statement of Rohit Kumar Rai in police custody which does not have any

Patna High Court CR. MISC. No.68876 of 2022(2) dt.13-12-2022 2/2 evidentiary value. It is also submitted that petitioner is niether the owner nor the driver of the alleged seized vehicle. Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Gopalpur P. S. Case No.203 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T