Dharmendra Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8751 of 2019 Arising Out of PS. Case No.-357 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== DHARMENDRA THAKUR, son of Late Sone Lal Thakur, resident of village Bachchauli, P.S. Khanpur, District Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar Roy For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 15-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Excise Case No. 357 of 2018 for offences punishable under Sections 30(a)(c) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, as lodged by the excise officials, is that on secret information a raid was conducted and petitioner was apprehended with 12 litres of country-made liquor and 200 litres of jaggery which was destroyed while being taken out. Accordingly, a seizure-list was prepared. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history, is languishing in judicial custody since 11.12.2018 and undertakes

Patna High Court Cr.Misc. No.8751 of 2019(2) dt.15-02-2019 2/2 not to induce witnesses or tamper with the prosecution evidence. However, learned APP for the State opposes the prayer for bail stating therein that the petitioner was caught redhanded. Considering the facts and circumstances and the materials on record, let petitioner, above named, 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 3rd Addl. Sessions Judge cum Special Judge (Excise), Samastipur, in connection with Excise Case No. 357 of 2018, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(Nilu Agrawal, J) Rajesh/- U T