Dharmendra Choudhary @ Dharmendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35376 of 2018 Arising Out of PS.Case No. -130 Year- 2018 Thana -BEUR District- PATNA ====================================================== Dharmendra Choudhary @ Dharmendra Kumar Son of Dhuri Choudhari Resident of Village- Panpura, P.S. Dhanarua, District- Patna. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arvind Prasad Singh For the Opposite Party/s : Mr. Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-07-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
670 litres of toddy is said to have been recovered from the tempo and the petitioner who happens to be its driver and one other accused namely Mukesh Kumar Chaudhary sitting in the said tempo were apprehended.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern with the seized toddy. He happens to be simple driver of the
Patna High Court Cr.Misc. No.35376 of 2018 (3) dt.23-07-2018 2/2 vehicle in question and he had no knowledge of carrying of the aforesaid toddy in the tempo by its commuter namely Mukesh Kumar Chaudhary. He has been falsely implicated in the case. There is violation of Section 100 Cr.P.C. He has no criminal antecedent. He has been languishing in custody since 04.05.2018. Said Mukesh Kumar Chaudhary has been enlarged on bail by a coordinate bench of this court vide order dated 02.07.2018 passed in Cr. Misc. No. 36299 of 2018.
Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna in connection with Special Case No. 4207 of 2018 arising out of Beaur P.S. Case No. 130 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T