Patna High CourtCR. MISC./34815/2021bail granted

Dharmendra Kumar @ Dharmendra Sahni v. The State Of Bihar

2021-09-14Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34815 of 2021 Arising Out of PS. Case No.-162 Year-2019 Thana- DUMRA District- Sitamarhi ====================================================== DHARMENDRA KUMAR @ DHARMENDRA SAHNI S/o Kablas Sahni @ Kailash Sahni R/o village- Lagma, P.S.- Dumra, Distt.- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-09-2021 This matter is taken up for consideration through Video Conferencing.

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

The petitioner seeks bail in Dumra P.S. Case No. 162 of 2019, registered for the offence punishable punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 334 litres of foreign liquor has been recovered from Tata Safari and this petitioner and three other co-accused fled away after noticing the police party.

It is submitted that no recovery has been made from conscious possession of this petitioner. Petitioner is neither owner nor driver of vehicle in question and have got no concern with the seized liquor. Petitioner is in custody since 18.02.2021.

Patna High Court CR. MISC. No.34815 of 2021(3) dt.14-09-2021 2/2 Investigation is complete.

Considering the period of custody, 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 & Sessions Judge II-cum-Special Judge Excise Act, Sitamarhi in connection with Dumra P.S. Case No. 162 of 2019, 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