Dharmendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18265 of 2022 Arising Out of PS. Case No.-523 Year-2021 Thana- SITAMARHI District- Sitamarhi ====================================================== Dharmendra Kumar S/O Nand Kishor Raut r/o village- khairwa, ward no. 11, P.S.- Punaura, District- Sitamarhi (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shankar Kumar, Advocate For the Opposite Party/s :
Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 08-07-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Sitamarhi P.S. Case No. 523 of 2021 registered for the offence under Sections 272, 273 and 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. The accused/petitioner is named in the F.I.R. and is in custody since 08.02.2022.
The allegation against the petitioner is to be engaged in illegal trade of illicit liquor, where, there is recovery of 647.53 litres of illicit IMFL.
Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.18265 of 2022(2) dt.08-07-2022 2/3 submitted that neither house nor the ambulance, from where, alleged recovery of IMFL was made, belongs to the petitioner, as such, it cannot be said that recovery has been made from the conscious physical possession of the petitioner. It has further been submitted that petitioner is involved in two other criminal case, in which, he is on bail. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has already been submitted in this case, as such, there is no chance of tampering with the evidence. Learned APP, while opposing the prayer of bail, fairly conceded the fact that alleged house and ambulance is not connected with the petitioner, as per FIR.
Considering the facts and circumstances as mentioned above, as alleged recovery has not been made from the conscious physical possession of the petitioner coupled with the fact that charge-sheet has already been submitted in this case, let the petitioner, above named, is directed to be released on bail in connection with Sitamarhi P.S. Case No. 523 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Exclusive Special Excise Court-II, Sitamarhi, subject to the following conditions:
Patna High Court CR. MISC. No.18265 of 2022(2) dt.08-07-2022 3/3 "(i) That petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which, the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner (ii) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.
(iii) That one of the bailors shall be Nand Kishor Raut, who is the father of the petitioner and deponent of the present bail petition."
(Chandra Shekhar Jha, J) S.Katyayan/ R.S.Sen/- U T