Patna High CourtCR. MISC./17864/2019bail granted

Dharmendra Kumar @ Dharmendra Kumar Swarnkar v. The State Of Bihar

2019-04-04Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17864 of 2019 Arising Out of PS. Case No.-181 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== DHARMENDRA KUMAR @ DHARMENDRA KUMAR SWARNKAR, aged about 38 years, Male, Son of Late Birendra Prasad Resident of Village - Aatma, P.S.- Islampur, District - Nalanda at present C/o- Kaluthan Mahto, Badi Pahari, P.S.- Agamkuan, District - Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Samrendra Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Meena Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-04-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail registered for the offences punishable under Sections 30(a) of Bihar Prohibition and Excise Act, 2016.

Allegation is recovery of 10.875 liters of foreign liquor from the plastic bag of the petitioner. It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Petitioner has no criminal antecedent and is in custody since 21.02.2019.

Patna High Court CR. MISC. No.17864 of 2019(2) dt.04-04-2019 2/2 Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Special Case No. 1990 of 2019 arising out of Ramkrishna Nagar P.S. Case No. 181 of 2019,subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bonds.

(S. Kumar, J) Rajiv/- U T