Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13160 of 2017 Arising Out of PS.Case No. -49 Year- 2016 Thana -MALI District- AURANGABAD ====================================================== Dharmendra Kumar, S/o Shri Kamta Ram, R/o Village Sanathua, P.S. Risiup, District- Aurangabad.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance:

For the Petitioner : Mr. Ashok Kumar Singh, Advocate For the Opposite Part : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 29-03-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 30.01.2017 in connection with Mali P.S. Case No. 49 of 2016 for the alleged offences under Section 30A of the Bihar Excise Amendment Act, 2016.

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of 630 pouches containing 200 ml. each of country made liquor from the tempo belonging to the petitioner. It is submitted that the petitioner has no concern with the seized liquor recovered from the tempo which had been taken by the driver Sinesh Ram on contract basis, the latter having already been granted bail by this Court in Cr. Misc. No. 8688 of 2017. The petitioner claims clean antecedents.

Patna High Court Cr.Misc. No.13160 of 2017 (2) dt.29-03-2017

4. Having regard to the entirety of the facts and circumstances of the case as well as the period of custody since 30.01.2017 suffered by the petitioner, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Mali P.S. Case No. 49 of 2016. (Vikash Jain, J) Chandran/BT U T