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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5786 of 2023 Arising Out of PS. Case No.-202 Year-2022 Thana- BISHWAMBHARPUR DistrictGopalganj ====================================================== Dharmendra Pandey @ Dharmendra Kumar Pandey Son of Late Rampravesh Pandey Resident of Village - Mani Phulkaha, P.S.- Kanti, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 29-04-2023 1.

Heard learned counsel for the petitioner and the learned APP for the State.

2.

Petitioner seeks regular bail in connection with Bishambharpur P.S. Case No. 202 of 2022 dated 19.12.2022 registered for the offences punishable under Sections 30(a) and 41(1) of Bihar Prohibition and Excise Act.

3.

The main submissions advanced by learned counsel for petitioner are that the alleged recovery of wine was made from a tempo in which the petitioner was sitting in the capacity of passenger and petitioner is neither owner nor driver of the said tempo and he has fair and clean antecedent and has been languishing in jail since 20.12.2022 and against him the investigation has been completed.

4.

Learned APP for the State has opposed the bail prayer of

Patna High Court CR. MISC. No.5786 of 2023(2) dt.29-04-2023 2/2 the petitioner.

5.

Considering the above submissions and mainly the petitioner's fair and clean antecedent coupled with the completion of investigation against the petitioner, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named above 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 concerned Court in connection with Bishambharpur P.S. Case No. 202 of 2022. (Shailendra Singh, J) Shahnawaz/- U T