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Patna High CourtCR. MISC./3448/2022allowed

Dharmendra Yadav @ Dharmvir Yadav v. The State Of Bihar

2022-06-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3448 of 2022 Arising Out of PS. Case No.-138 Year-2021 Thana- GOGRI District- Khagaria ====================================================== DHARMENDRA YADAV @ DHARMVIR YADAV Son of Hiso Yadav Resident of Village - Pitounjhia, P.s.- Gogri, Distt.- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

It is a case of recovery of some country made liters from the Basa of co-accused Ramu Rajak.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that according to the supervision note of the Superior Police Officer, the name of the petitioner involved in this case in illegal activity of Excise Case. He further submits that the petitioner has not been arrested at the spot nor any incriminating article has been recovered from the conscious or

Patna High Court CR. MISC. No.3448 of 2022(2) dt.15-06-2022 2/2 constructive possession of the petitioners. Petitioner has got clean antecedent.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise), Khagaria in connection with Gogri P.S. Case No. 138 of 2021 (G.R. No.1092 of 2021), subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T