Harendra Kumar @ Dhoni Dhurander Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10534 of 2019 Arising Out of PS. Case No.-29 Year-2019 Thana- BIHTA District- Patna ====================================================== Harendra Kumar @ Dhoni Dhurander Yadav, aged about 24 years, Male, Son of Biran Ray @ Birendra Rai R/o Dumariya , P.S- Bihta, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhauri Kamal Kishore Sahay, aDv.

For the Opposite Party/s :

Mr.Renuka Ratnakar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-02-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Special Case No. 361 of 2019, arising out of Bihta P.S. Case No. 29 of 2019, registered for the offences punishable under Sections 30(a) Bihar Prohibition and Excise Act, 2016.

Allegation is recovery of 15 liters of country made liquor from the house of the petitioner.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Nothing was recovered from the possession of the petitioner. Petitioner has no criminal antecedent and is in custody since 09.01.2019.

Patna High Court Cr.Misc. No.10534 of 2019(2) dt.21-02-2019 2/2 Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Patna, in connection with Special Case No. 361 of 2019, arising out of Bihta P.S. Case No. 29 of 2019, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bonds.

(S. Kumar, J) Rajiv/- U T