Dhiraj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83044 of 2019 Arising Out of PS. Case No.-767 Year-2019 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== Dhiraj Kumar Singh Son of Umashankar Singh Resident of Village - Rampur, Laxmi, P.S.- Kanti, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Ranjan For the Opposite Party/s :

Mr. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Kanti P.S. Case No. 767 of 2019 registered for the offence punishable under Sections 30(a), 38 and 41 of Bihar Prohibition & Excise Act-2016-18.

778.110 lts. of foreign liquor is said to have been recovered from the house of the petitioner and father and brother of the petitioner were apprehended while other accused persons including the petitioner managed to escape. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. Petitioner has no concern

Patna High Court CR. MISC. No.83044 of 2019(2) dt.16-12-2019 2/2 either with the seized liquor or with any trade of liquor. He was not apprehended on the spot rather father and brother of the petitioner, namely, Neeraj Kumar Singh were apprehended. He was apprehended from his house on the subsequent date. The house of the petitioner is inhabited by his several other family members as it is joint family house. There is violation of Section 100 Cr.P.C. Petitioner has been languishing in custody since 27.11.2019.

On the other hand, learned APP opposed the bail prayer of the petitioner.

In the facts and circumstances of the case, let the above named petitioner be released on bail, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur in connection with Kanti P.S. Case No. 767 of 2019.

(Prakash Chandra Jaiswal, J) rohit/- U T