Dharmendra Kumar @ Dharmendra Kumar Singh @ Luddu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11932 of 2022 Arising Out of PS. Case No.-24 Year-2022 Thana- OBRA District- Aurangabad ====================================================== DHARMENDRA KUMAR @ DHARMENDRA KUMAR SINGH @ LUDDU, aged about 32 years, Gender-Male, S/o Late Rameshwar Singh, Resident of Village- Ukurmi, P.S.- Obra, District- Aurangabad. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Bhaskar Shankar, Advocate For the Opposite Party :

Mr. Pradeep Narain Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-03-2022 Heard learned counsel for the petitioner and learned counsel for the State through Virtual mode.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in connection with Obra P.S. Case No. 24/2022 for the offence registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The prosecution story, in brief, is that total 440.835 liters wine is recovered from the open field belonging to joint

Patna High Court CR. MISC. No.11932 of 2022(2) dt.25-03-2022 2/3 family of the petitioner.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that total 440.835 liters wine is recovered from the open field belonging to joint family of the petitioner. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr. P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case.

Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.

Patna High Court CR. MISC. No.11932 of 2022(2) dt.25-03-2022 3/3 Obra P.S. Case No. 24/2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) U.K./- U T