Dharmendra Kumar @ Dharmendra Rai @ Tota Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24920 of 2019 Arising Out of PS. Case No.-268 Year-2018 Thana- ATHMALGOLA District- Patna ====================================================== Dharmendra Kumar @ Dharmendra Rai @ Tota Yadav, Son of Late Ramjanam Rai, Resident of Lahariya Tola Kalayanpur, P.S.- Athmalgola, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 18-04-2019 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 22.02.2019 in connection with Special Case No. 10422 of 2018 arising out of Athmalgola P.S. Case No. 268 of 2018 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the alleged recoveries were not from the conscious possession of the petitioner but from a toilet which is in common occupation of several persons.

Considering the aforementioned facts and circumstances and that the petitioner has no criminal history, let

Patna High Court CR. MISC. No.24920 of 2019(2) dt.18-04-2019 2/2 the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Patna, in connection with Special Case No. 10422 of 2018 arising out of Athmalgola P.S. Case No. 268 of 2018.

(Anjana Mishra, J) PNM U T