Dharo Singh @ Dharmendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22535 of 2020 Arising Out of PS. Case No.-65 Year-2020 Thana- KAUWAKOL District- Nawada ====================================================== 1.

Dharo Singh @ Dharmendra Singh Son of Late Lal Babu Singh Resident of Village - Bhikhampur, Police Station - Rupau, District- Nawada. 2.

Lakshman Chaudhary Son of Late Arjun Chaudhary Resident of Village - Bhikhampur, Police Station - Rupau, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 04-09-2020 Learned counsel for the petitioners informs the Court that during the pendency of this case, petitioner no.2 has been arrested and as such his prayer for anticipatory bail has become infructuous. Accordingly, the petition on behalf of Lakshman Chaudhary for grant of anticipatory bail is dismissed as not pressed.

Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner no.1 is apprehending arrest in connection with Kawakole P.S. Case No. 65 of 2020 for the offence under sections 30(a) of Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that petitioner has no criminal antecedent. He further submits that

Patna High Court CR. MISC. No.22535 of 2020(2) dt.04-09-2020 2/2 there is recovery of 39.2 liters of wine from the possession of this petitioner.

Considering the fact that petitioner has no criminal antecedent, the Court is inclined to grant anticipatory bail to the petitioner, let the petitioner no.1 in the event of arrest or surrender before the court below within a period of four weeks from the date of communication of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum Special Judge, Nawada, in connection with Kawakole P.S. Case No. 65 of 2020 subject to the condition as laid down under section 438(2) of the Cr.P.C. with further condition that petitioner shall deposit Rs. 25000/- cash to the court below and the amount deposited by the petitioner shall abide by final outcome of the pending criminal case.

(Anil Kumar Upadhyay, J) Ravi/- U T