Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28405 of 2024 Arising Out of PS. Case No.-78 Year-2024 Thana- KOILWAR District- Bhojpur ====================================================== Dharmendra Kumar, Male, aged about 24 years, Son of Dashai Ray Resident of Village- Barka Chanda, P.S.- Koilwar, Dist.- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar .

For the Opposite Party/s :

Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 16-04-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Koilwar P.S. Case No.78 of 2024 registered for the offence under Sections 414/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. 3.

As per FIR, there is recovery of 120 litre of illicit liquor from the possession of the petitioner. 4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that recovery of alleged illicit liquor was not made from conscious physical possession of this petitioner and he has no concern with the

Patna High Court CR. MISC. No.28405 of 2024(2) dt.16-04-2024 2/3 alleged recovery of illicit liquor. It is submitted that similarly situated co-accused person has already been granted bail by this Court through Cr. Misc. No.26014 of 2024 on 08.04.2024. It is further submitted that petitioner is a man of clean antecedent and he is in custody since 12.02.2024.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail, after framing of the charge, in connection with Koilwar P.S. Case No.78 of 2024 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise Court No.II, Bhojpur at Ara/Concerned Court.

7.

The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every

Patna High Court CR. MISC. No.28405 of 2024(2) dt.16-04-2024 3/3 date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) S.Katyayan/- U T