Dharmendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21547 of 2020 Arising Out of PS. Case No.-257 Year-2019 Thana- MANJHAGARH District- Gopalganj ====================================================== DHARMENDRA YADAV Son of Ramnath Yadav @ Chirkut Yadav @ Chirkut Choudhary Resident of Village - Koeini, P.S.- Manjhagarh, District - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Kumar, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 24-07-2020 Heard learned counsel for the petitioner and learned APP for the State through video conference. Learned counsel for the petitioner undertakes that all defects pointed out by the Stamp Reporter shall be removed, and compliance with the conditions of the notices of this Court with regard to acceptance of e-filing shall be made, without delay immediately after the lockdown ends, and in any event within one month thereof.

2. The petitioner is in custody since 25.02.2020 in connection with Manjhagarh P.S. Case No. 257 of 2019 for the offences alleged under Sections 30(a), 41/45 of the Bihar Prohibition and Excise Act, 2016.

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of 342.690 litres of wine from a Skoda car. It is submitted that the petitioner has not been arrested from the spot, rather he has been named as one of the persons who fled away. The petitioner claims to have no concern

Patna High Court CR. MISC. No.21547 of 2020(2) dt.24-07-2020 2/2 with the vehicle from which the recovery has been made.

4. Learned APP refers to paragraph 3 of the petition enumerating three prior cases of similar nature in which the petitioner has been made accused.

5. Be that as it may and having regard to the period of custody already suffered since 25.02.2020, let the petitioner above named be released on bail upon completion of six months in custody on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II, Gopalganj, in connection with Manjhagarh P.S. Case No. 257 of 2019, if he is not otherwise required in any other case.

6. Office shall ensure that all defects have been removed and compliance with the notices of this Court has been made, within the stipulated time as provided in para 1 hereinabove.

(Vikash Jain, J) Ibrar/HRU