Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9252 of 2022 Arising Out of PS. Case No.-201 Year-2021 Thana- MOKAMAH District- Patna ====================================================== Dharmendra Kumar Son Of Arun Ram R/O Village - Mor Paschimi, Ward No. -07 (Part In Mokamah), P.S. - Mokama, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-07-2022 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 30(a) of the Bihar Prohibition & Excise Act. There is recovery of 1.125 litres of Indian made foreign liquor from co-accused Abhishek Kumar. He disclosed the name of the petitioner as a person who was pillion rider and escaped from the scene. The motorcycle belongs to the petitioner.

It is submitted by learned counsel for the petitioner that petitioner was not apprehended from the spot. Nothing has been recovered from the conscious

Patna High Court CR. MISC. No.9252 of 2022(2) dt.29-07-2022 2/2 possession of the petitioner. The petitioner has given his motorcycle to co-accused Abhishek Kumar for bringing some articles from the market and he was completely unaware of illicit liquor. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Considering the meager quantity of illicit liquor, 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 Thousands) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Barh, Patna in connection with Mokama P.S. Case No. 201 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T