Dharmendra Kumar @ Dharmendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24624 of 2019 Arising Out of PS. Case No.-72 Year-2019 Thana- BHORE District- Gopalganj ====================================================== Dharmendra Kumar @ Dharmendra Yadav S/o Hira Yadav R/o villageKutiya, P.S.- Vijaipur, District- Gopalganj ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Javed Aslam For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections-30(a), 35, 38, 37(b)(c) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that 189.440 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 06-03-2019. The name of the petitioner has transpired in this case as the recovery was made from the tractor, in question. Except for this, there is no other substantive evidence to suggest the implication of the

Patna High Court CR. MISC. No.24624 of 2019(3) dt.09-05-2019 2/2 petitioner in this case. It is alleged that 189.440 liters wine is recovered. Nothing incriminating has been recovered from the conscious possession of the petitioner. There is no compliance of Section 100 Cr.P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise, Gopalganj, in connection with Bhore P.S. Case No. 72 of 2019. (Sudhir Singh, J) A.K.V.//- U T