Dharmendra Nut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30893 of 2025 Arising Out of PS. Case No.-434 Year-2024 Thana- AMNAUR District- Saran ====================================================== Dharmendra Nut S/o- Gauchi Nutt @ Ramnath Nut Village- Ketuka Lachhi, Police Station- Amnour District- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-05-2025 Heard the parties.

2. The petitioner is apprehending arrest in connection with Amnour P.S. Case No. 434 of 2024 instituted under Sections 30(a) of the Bihar Prohibition and Excise Act lodged on 31.12.2024 by the informant, Akhtar Khan.

3. As per the prosecution story, the informant alleged that on secret information, raided the place and there is recovery/seizure of 19 liters of country made liquor from the bushes behind the houses of accused persons. This led to the FIR.

4. Learned counsel for the petitioner submits that he works as labour, lives in Delhi and only because of local enmity, his name has come.

5. Learned APP on the other hand submits that he has

Patna High Court CR. MISC. No.30893 of 2025(2) dt.19-05-2025 2/3 criminal.

6. Considering the submissions of the parties as also that nothing has been recovered from his conscious possession, an undertaking has been given that he shall be diligently appearing in trial, in that background, this Court is inclined to extend him the privilege of anticipatory bail.

7. Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Amnour P.S. Case No. 434 of 2024 to the satisfaction of learned Additional District and Sessions Judge cum 1st Exclusive Special Excise Judge, Saran at Chapra subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions. (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

Patna High Court CR. MISC. No.30893 of 2025(2) dt.19-05-2025 3/3 (iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;

(iii) the petitioner shall co-operate in the investigation and make himself available to the police as and when required; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T