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Patna High CourtCR. MISC./74146/2023allowed

Dhiraj Ram v. The State Of Bihar

2023-11-28Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74146 of 2023 Arising Out of PS. Case No.-280 Year-2023 Thana- PHULWARIYA District- Gopalganj ====================================================== DHIRAJ RAM SON OF SURESH RAM RESIDENT OF MOHALLAKARARIYA THAKURAI, PS- PHULWARIYA, DISTT- GOPALGANJ ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepankar Raj, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 28-11-2023 1.

Heard learned counsel for the petitioner and learned counsel for the State.

2.

Petitioner apprehends arrest in connection with Phulwariya P.S. Case No. 280 of 2023 registered for the offences under Section 30(a) of the Bihar Prohibition and Excise Amendment Act.

3.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the instant case. Further submission is that the alleged recovery has been made from the bridge at Jataha Chauraha and nothing has been recovered from the conscious possession of the petitioner. It is also submitted that the petitioner has no criminal antecedent.

4.

Considering the facts and circumstances of the

Patna High Court CR. MISC. No.74146 of 2023(2) dt.28-11-2023 2/2 case and the submissions advanced on behalf of the parties, the petitioner, above named is directed to be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of Addl. District & Sessions Judge-IIcum-Spl. Excise Court No.-I, Gopalganj in connection with Phulwariya P.S. Case No. 280 of 2023 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) anuradha/- U T