Dharmendra Kumar @ D.K. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3805 of 2022 Arising Out of PS. Case No.-501 Year-2021 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Dharmendra Kumar @ D.K., Son of Hiralal Sah, Resident of VillageNawanagar Nizamat, P.S. - Sahebganj, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 08-07-2022 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 Sahebganj P.S. Case No. 501 of 2021, registered for the alleged offences under Sections 272, 273 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act.

Allegedly, the petitioner was apprehended while running away with 27 litres of country made liquor. The learned counsel for the petitioner submits that the petitioner is innocent and nothing has been recovered from

Patna High Court CR. MISC. No.3805 of 2022(2) dt.08-07-2022 2/3 his possession. Though, he is also made an accused in another case, but he is on bail in that case. The petitioner is in custody since 13.11.2021 and the charge sheet has been submitted. Learned APP opposes the prayer for bail made on behalf of the petitioner submitting that the petitioner is having criminal antecedent.

Having regard to the submissions made hereinabove and considering the fact that charge sheet has been submitted and further considering his 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, Muzaffarpur, in connection with Sahebganj P.S. Case No. 501 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.

(iii) The petitioner will remain present on each and every date fixed by the court below.

Patna High Court CR. MISC. No.3805 of 2022(2) dt.08-07-2022 3/3 (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