Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41277 of 2021 Arising Out of PS. Case No.-66 Year-2020 Thana- BARGAINIA District- Sitamarhi ====================================================== Dharmendra Kumar S/O Thaga Mahto R/O Village-Joriyahi, P.S-Bairgania, District-Sitamarhi.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ashok Kumar Jha, Advocate For the Opposite Party :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-01-2022 This application has been taken up for online hearing through video conference because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for regular bail arises out of Bairgania P.S. Case No. 66 of 2020, disclosing offence punishable under Section 30(A) of the Bihar Prohibition and Excise Act, 2016.

The petitioner is in custody since 31.03.2021. The allegation relates to recovery and seizure of 841.05 liters of Nepalese country made liquor from a Bolero vehicle. Allegedly, the miscreants managed to flee away from the place of

Patna High Court CR. MISC. No.41277 of 2021(3) dt.06-01-2022 2/2 occurrence. A local chowkidar is said to have disclosed the names of the petitioner and other co-accused persons who had managed to flee away.

Learned counsel appearing on behalf of the petitioner has submitted that similarly circumstanced co-accused Guddu Yadav has been allowed Regular Bail by this Court by an order dated 16.04.2021, passed in Cr. Misc. No. 6047 of 2021. He further submits that co-accused Paramhans Rai has also been allowed Anticipatory Bail by an order dated 01.11.2021, passed in Cr. Misc. No. 39320 of 2020.

Considering the fact that the other co-accused persons in similar circumstance have been allowed regular bail/anticipatory bail, this application is allowed. 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 District Judge-II-cum Special Judge Excise Act, Sitamarhi in Bairgania P.S. Case No. 66 of 2020. (Chakradhari Sharan Singh, J) K.K.RAO/- U T