Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60721 of 2017 Arising Out of PS.Case No. -143 Year- 2017 Thana -MAGADH UNIVERSITY District- GAYA ====================================================== Dharmendra Kumar, son of Kanhai Prasad, resident of Mohalla- Dakhin Darwaza, Near Hanuman Temple, Police Station- Vishnupad, DistrictGaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No-2, Advocate For the State : Smt. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-12-2017 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Magadh University P.S. Case No. 143 of 2017 instituted for the offences under Sections 30(a), 32(2) and 37(B) (C) of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner is regarding recovery of 40 litres of country made liquor from his auto. The learned counsel for the petitioner submits that the petitioner is innocent. Petitioner is in custody since 08.11.2017 and as far as his antecedent is concerned, only one other case of same and similar allegation is pending against him. Considering the nature of accusation and the period of

Patna High Court Cr.Misc. No.60721 of 2017 (2) dt.21-12-2017 2/2 custody already undergone by him, I direct the petitioner named above to be released on regular bail 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, Excise, Gaya in connection with Magadh University P.S. Case No. 143 of 2017.

(Mohit Kumar Shah, J) S.Sb/- U T