Dhanji Dom v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26761 of 2020 Arising Out of PS. Case No.-89 Year-2020 Thana- BUXAR District- Buxar ====================================================== DHANJI DOM S/o- Late Shakil Dom Resident of Village/ Mohalla- Western Side of Kola Maidan, Buwar, P.S.- Buxar (T), District- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramakant Yadav For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-11-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Buxar (T) P.S. Case No. 89 of 2020 (CIS No. 253/2020), registered for the offence punishable punishable under Section 30(a) and 37(2) of the Bihar Prohibition and Excise Act, 2018.

320 pcs. containing 180 ml each of foreign liquor kept in three bags, is said to have been recovered from the house of petitioner and co-accused Mantu Singh Yadav was nabbed on the spot.

It is submitted that petitioner has falsely been

Patna High Court CR. MISC. No.26761 of 2020(3) dt.05-11-2020 2/2 implicated in this case. Nothing has been recovered from conscious possession of this petitioner. Petitioner is in custody since 13.03.2020 having clean antecedent, as stated in para 3 of the bail petition.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge II-cum-Special Judge, Excise Act, Buxar in connection with Buxar (T) P.S. Case No. 89 of 2020 (CIS No. 253/2020), subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers 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 petitioner. (Prabhat Kumar Singh, J) vinita/- U T