Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68373 of 2018 Arising Out of PS. Case No.-371 Year-2018 Thana- PATNA CITY CHOWK District- Patna ====================================================== Dharmendra Kumar Son of Ramesh Rai, Resident of Sukumarpur, P.S. Rustampur, District Vaishali, at present residing at Kaua Khoh, Behind Guru Govind Singh College, P.S.- Chowk, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajit Kumar For the Opposite Party/s :

Mr. Sri Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-11-2018 Heard the parties.

The petitioner seeks regular bail in connection with Chowk P.S.case No.371 of 2018 Special Case No.8828 of 2018 registered for offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016 of the Indian Penal Code.

Allegation against the petitioner is about recovery of 30 ltrs. of liquor from the motorcycle of the petitioner. Submission of the learned counsel for the petitioner is that he has been falsely implicated in this case, having no criminal antecedent and he is in custody since 25.9.2018. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.68373 of 2018(2) dt.30-11-2018 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna in connection with Chowk P.S.Case no.371 of 2018 Special Case No.8828 of 2018.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T