Patna High CourtCR. MISC./33671/2019bail granted

Dharmendra Kumar Yadav @ Hanuman Yadav @ Dharmendra Yadav v. The State Of Bihar

2019-09-05Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33671 of 2019 Arising Out of PS. Case No.-204 Year-2018 Thana- RAGHUNATHPUR District- Siwan ====================================================== DHARMENDRA KUMAR YADAV @ HANUMAN YADAV @ DHARMENDRA YADAV Son of Late Mansi Yadav Resident of Village - Raghunathpur, P.S.- Raghunathpur, Dist.- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-09-2019 Heard the parties.

The petitioner is apprehending his arrest in connection with Raghunathpur P.S.Case No.204 of 2018, registered for offences punishable under Sections 30(a)(d), 36, 38 and 41(1) of the Bihar Prohibition and Excise Act, 2016. Allegation against the petitioner is about recovery of 1900 ltrs. of liquor from the Rahar filed of one Vishwanath Singh and it is stated the the petitioner and other accused persons succeeded in fleeing away.

Submission of the learned counsel for the petitioner is that except suspicion there is nothing against the petitioner, nobody has identified him and furthermore he has no criminal antecedent also.

Patna High Court CR. MISC. No.33671 of 2019(4) dt.05-09-2019 2/2 Heard learned A.P.P. , who could not controvert the fact that except suspicion, there is no material against the petitioner in the whole case diary which is up to dated 17.7.2019. Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. District and Sessions Judge 2nd cum Special Judge (Excise) Siwan in connection with Raghunathpur P.S.Case No.204 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T