Dharmendra Yadav @ Dharmendra Kumar @ Khesari @ Keshri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1836 of 2022 Arising Out of PS. Case No.-12 Year-2021 Thana- SIGAUDI District- Patna ====================================================== Dharmendra Yadav @ Dharmendra Kumar @ Khesari @ Keshri, Son Of Butta Singh @ Vijay Singh @ Girja Yadav, Resident Of Village- Sohra, P.S.- Sigori, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 24-06-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Excise Special Case No. 486 of 2021 arising out of Sigori P.S. Case No. 12 of 2021 registered for the alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

As per allegation, on receipt of secret information, 80 liters of country made Mahua liquor was recovered from a motorcycle and the petitioner was named as one of the co-

Patna High Court CR. MISC. No.1836 of 2022(3) dt.24-06-2022 2/3 accused, who fled away from the spot. However, learned counsel for the petitioner has submitted that nothing has been recovered from the conscious possession of the petitioner. The petitioner is in custody since 17.08.2021. Regarding the antecedent of the petitioner, learned counsel has submitted that he is also made an accused in seven other cases of similar nature.

Learned APP has opposed the prayer for bail, submitting that the petitioner is having criminal antecedents in similar nature.

Having regard to the submissions made hereinabove and considering the period of custody, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Patna in connection with Special Case No.486 of 2021 arising out of Sigori P.S. Case No.12 of 2021, subject to the following conditions :

(i) The bail bond of the petitioner will be accepted only after framing of charge, if not already framed. (ii) One of the bailors will be a close relative of the petitioner.

Patna High Court CR. MISC. No.1836 of 2022(3) dt.24-06-2022 3/3 (iii) The petitioner will remain present on each and every date fixed by the court below.

(iv) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T