Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6650 of 2024 Arising Out of PS. Case No.-328 Year-2023 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== Dharmendra Kumar son of Ram Chandra Rai R/o- Utari Dumri Ps- Patori Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Mohiuddin Nagar P.S. Case No. 328 of 2023 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act (Amended) 2022.

3.

As per prosecution case, there is recovery of total 12.750 liters of illicit Indian made foreign liquor from motorcyle.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 28-11-2023. Petitioner bears two criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.6650 of 2024(2) dt.16-02-2024 2/2 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is the owner of the bike in question. Petitioner has no concern with the alleged recovered liquor and nothing has been recovered from the possession of the petitioner. In fact, seizure list is not prepared in accordance with law. There is no compliance of Section 100 of the Code of Criminal Procedure, 1973.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and manner of implication, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Mohiuddin Nagar P.S. Case No. 328 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T