Dhananjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20732 of 2019 Arising Out of PS. Case No.-28 Year-2019 Thana- PIPRA District- Patna ====================================================== 1.

DHANANJAY KUMAR Son of Umesh Kewat, Resident of Chakrahiya, P.S.-Gaurichak, District-Patna.

2.

Chandan Kumar Son of Late Raju Kewat Resident of Chakrahiya, P.S.- Gaurichak, District-Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Siddharth Harsh For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 03-04-2019 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners, who are in custody, seek bail in connection with Pipra P.S. Case No. 28 of 2019 (Special Case No. 2365 of 2019) registered for the offence punishable under Section 30(a) of Bihar Prohibition & Excise Act, 2016. Allegation is recovery of 80 litres of country made liquor from the car on which petitioners were sitting. It has been submitted on behalf of the petitioners that nothing has been recovered from the possession of petitioners. Petitioners have been falsely implicated in this case and they were apprehended by the police when they were taking

Patna High Court CR. MISC. No.20732 of 2019(2) dt.03-04-2019 2/2 tea. Petitioners have no criminal antecedent and they are in custody since 05.03.2019.

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 Special Judge, Excise, Patna, in connection with Pipra P.S. Case No. 28 of 2019 (Special Case No. 2365 of 2019) subject to the conditions that:-

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

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

(3) If the petitioners tamper 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 petitioners.

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

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