Dharmendra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13556 of 2022 Arising Out of PS. Case No.-629 Year-2020 Thana- KANTI District- Muzaffarpur ====================================================== DHARMENDRA RAM SON OF MANGAL RAM R/O VILLAGE- ARASA, P.S.- KANTI, DISTRICT- MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-05-2022 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 272, 273, 414/34 of the IPC, u/s 30(a) of the Bihar Prohibition and Excise Act and u/s 25(1-B)a, 26, 35 of Arms Act. .

As per the prosecution case, 2788 of foreign liquor has been recovered from different vehicles. Petitioner has been made accused in this case on the basis of confessional statement of the co-accused.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Petitioner is neither driver nor owner of the vehicles in question. Petitioner is in

Patna High Court CR. MISC. No.13556 of 2022(3) dt.16-05-2022 2/2 custody since 23.11.2021. Investigation is complete. Learned counsel appearing for the State opposes the prayer for bail. He submits that the petitioner has got identical criminal antecedent.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. However, once charge is framed and trial commences, the petitioner, shall be released on bail by the trial court to its own satisfaction on the condition that the petitioner will co-operate in the trial.

(Prabhat Kumar Singh, J) BKS/- U T