Dharmendra Kumar @ Dharmendra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3304 of 2020 Arising Out of PS. Case No.-232 Year-2019 Thana- AMAS District- Gaya ====================================================== Dharmendra Kumar @ Dharmendra Son of Sri Baban Prasad Soni Resident of Mohalla- Durga Chauk, Obra Sonar, P.S.- Obra, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4.

04-03-2020 Heard learned counsel for the parties.

The petitioner seeks bail in Amas P.S. Case No. 232 of 2019 registered for the offence under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

300 liters of country-made liquor is said to have recovered from Bolero vehicle. Petitioner is said to be copassenger. It is submitted on behalf of petitioner that petitioner has falsely been implicated in this case and nothing has been recovered from his conscious possession. It is further submitted that petitioner was only passenger of the said vehicle and he was unaware of the seized illicit liquor. In this case, mandatory provision under Section 100 Cr.P.C. has not been followed with respect to search and seizure. There is also no allegation against

Patna High Court CR. MISC. No.3304 of 2020(4) dt.04-03-2020 2/2 the petitioner of tampering with the evidence and petitioner is in custody since 17-12-2019, having no criminal antecedent. Considering the aforesaid facts and circumstances as well as nature of accusation, let the above named petitioner be enlarged 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, Gaya in connection with Amas P.S. Case No. 232 of 2019 on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T