Dharmendra Kumar @ Dhamendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58064 of 2018 Arising Out of PS.Case No. -411 Year- 2018 Thana -MANER District- PATNA ====================================================== Dharmendra Kumar @ Dhamendra Kumar son of Shiv Prasad Rai, resident of Village- Rampur, Diyara, P.S. - Maner, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chhote Lal Mishra For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 03-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Maner P.S. Case No. 411 of 2018 (Special Case No. 7562 of 2018) for offences punishable under Sections 30(a)/37(c) of the Bihar Madhya Nisedh and Excise Act, 2016.

The prosecution case, as lodged by the police personnel, is that during course of patrolling, the police conducted raid at various places and petitioner was found selling wine in the field along with co-accused Shio Prasad Rai who managed to flee away. 70 liters of country made wine was recovered from the gallon in the field.

Patna High Court Cr.Misc. No.58064 of 2018 (2) dt.03-10-2018 2/3 It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been falsely implicated by the police. He submits that nothing has been recovered from his conscious possession and that the field where illicit liquor was seized did not belong to him. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record as well as the fact that the petitioner has no criminal history, let petitioner, above named, 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 learned Special Judge Excise, Patna in connection with Maner P.S. Case No. 411 of 2018 (Special Case No. 7562 of 2018), subject to the conditions that:

(1) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(2) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty

Patna High Court Cr.Misc. No.58064 of 2018 (2) dt.03-10-2018 3/3 to move the learned court below for cancellation of his bail bonds.

(Nilu Agrawal, J) Devendra/Priyanka U T