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Patna High CourtCR. MISC./38979/2021bail granted

Dhirendra Singh @ Dhiru Singh @ Dhirendra Kumar Singh @ Dhiru v. The State Of Bihar

2021-12-13Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38979 of 2021 Arising Out of PS. Case No.-212 Year-2018 Thana- NAWANAGAR District- Buxar ====================================================== DHIRENDRA SINGH @ DHIRU SINGH @ DHIRENDRA KUMAR SINGH @ DHIRU S/o Late Rama Singh R/o village- Barauli, P.S.- Piro, District- Bhojpur (Ara), State- Bihar ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Navin Kumar Singh, Advocate For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-12-2021 Heard learned counsel for the parties.

Let the defect(s), if any, be removed within four weeks after complete start of the physical Court. The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. Submission is that only material against the petitioner is confessional statement of co-accused before the police while in police custody. The aforesaid material is inadmissible in view of the mandate of Sections 24 and 25 of the Evidence Act. Petitioner has got no criminal antecedent.

Hence, let the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of thirty days from the date of receipt of the order, be

Patna High Court CR. MISC. No.38979 of 2021(2) dt.13-12-2021 2/2 released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Nawanagar Police Station Case No. 212 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of territorial jurisdiction of the learned court below.

(Birendra Kumar, J) Kundan/- U T