Dharmendra Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20992 of 2020 Arising Out of PS. Case No.-467 Year-2019 Thana- PAROO DistrictMuzaffarpur ====================================================== Dharmendra Das Son of Tiri Das Resident of Village - Sadanpura P.S. Kathaiya, District Muzaffarpur.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Arun Kumar, Advocate For the State :

Mr. Panchanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-10-2020 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 upon resumption of normal physical functioning of the Court, and in any event within one month thereof. Learned counsel for the State states that he has no objection in this regard and the matter be taken up on merits in view of the stated urgency.

2. The petitioner is in custody since 09.11.2019 in connection with Paroo P.S. Case No. 467 of 2019 for the offences alleged under Sections 307/34 of the Indian Penal Code, 27 of

Patna High Court CR. MISC. No.20992 of 2020(4) dt.13-10-2020 2/3 the Arms Act and Sections 30, 30(a) of the Bihar Excise and Prohibition Act, 2018.

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of 2232 litres and 267.840 litres of foreign liquor from two vehicles (total 2499.840 litres). It is submitted that the petitioner was merely a labourer found unloading the goods and he has no concern with either the goods recovered nor the vehicles in question. There is no allegation of firing by the petitioner which has been alleged against other co-accused persons, nor there is any injury suffered by anyone. The petitioner claims clean antecedents.

4. Learned APP appears and has been heard. However no specific adverse material has been referred to by him in the case diary.

5. Be that as it may and having regard to the period of custody already suffered since 09.11.2019, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Special Judge, Excise Act, Muzaffarpur, in connection with Paroo P.S. Case No. 467 of 2019, if he is not otherwise required in any other case.

6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para-1

Patna High Court CR. MISC. No.20992 of 2020(4) dt.13-10-2020 3/3 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) Ibrar// U T