Dhirendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18929 of 2019 Arising Out of PS. Case No.-234 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== DHIRENDRA KUMAR, Son of Nageshwar Ray, Resident of VillageGhatwari, P.S.- Dharahra, District- Munger ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Gupta For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-05-2019 Petitioner seeks bail in anticipation of his arrest in connection with Special Case No. 1800 of 2018, arising out of P.R. Case No. 234 of 2018 registered for the offence punishable under Sections 272, 273/34 of the Indian Penal Code and Sections 30(a) of Bihar Prohibition and Excise (Amendment) Act.

Allegation as per FIR is of recovery of 8.1 litres of liquor from the motorcycle and son of the petitioner was arrested along with others and the motorcycle belongs to the petitioner.

Submission of learned counsel for the petitioner is that FIR itself shows that petitioner was not present there and he has no criminal antecedent and he has falsely been implicated in

Patna High Court CR. MISC. No.18929 of 2019(5) dt.06-05-2019 2/2 this case.

Heard learned APP also.

In view of above facts and circumstances, let petitioner, in the event of arrest or surrender before the court below within a period of six weeks from the receipt of this order, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise Act, Patna, in connection with Special Case No. 1800 of 2018, arising out of P.R. Case No. 234 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned.

(Vinod Kumar Sinha, J) spal/- U T