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Patna High CourtCR. MISC./3747/2022allowed

Dharmendra Mishra @ Dharmendra Kumar Mishra v. The State Of Bihar

2022-06-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3747 of 2022 Arising Out of PS. Case No.-102 Year-2019 Thana- EKMA District- Saran ====================================================== DHARMENDRA MISHRA @ DHARMENDRA KUMAR MISHRA S/o Devnath Mishra R/o village- Rith, P.S.- Ekma, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anjani Parashar, Advocate For the Opposite Party/s :

Mr. Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-06-2022 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 Sections 272 and 273/34 of the Indian Penal Code and Sections 30(a) of the Bihar Prohibition & Excise Act, 2016.

It is a case of recovery of about 126 liters of foreign liquor from the pokhra.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that he has no concern with the seized liquor and no incriminating article has been recovered from the conscious or constructive possession of the petitioner. He further submits that the petitioner has not been arrested at the

Patna High Court CR. MISC. No.3747 of 2022(2) dt.14-06-2022 2/2 spot.

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 Additional District & Sessions Judge-II-cum-Special Judge, Excise Saran in connection with Ekma P.S. Case No. 102 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T