Dhiraj Kumar @ Dhiraj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78668 of 2024 Arising Out of PS. Case No.-188 Year-2024 Thana- DANIYAWAN District- Patna ====================================================== Dhiraj Kumar @ Dhiraj Singh Son of Kailash Singh Resident of VillageGauripunda, P.S.- Fatuha, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surendra Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Daniyawan PS Case No. 188 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 80 litres of Desi Mahua liquor was recovered from Auto. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that petitioner has no concern with the tempo in question and he was merely a passenger. The petitioner is in custody since

Patna High Court CR. MISC. No.78668 of 2024(2) dt.11-11-2024 2/2 22.09.2024 and has got clean antecedent. There is no compliance of Section 103 of B.N.S.S 5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Daniyawan PS Case No. 188 of 2024.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T