Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33034 of 2019 Arising Out of PS. Case No.-50 Year-2019 Thana- SURSAND District- Sitamarhi ====================================================== Dharmendra Kumar, Son of Srichan Mukhiya @ Srichandra Mukhiya, Resident of Village - Farua Bhawani, P.S.- Bajpatti, , District-Sitamarhi. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Virendra Kumar, Advocate For the Opposite Party :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-05-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Sursand P.S. Case No.50 of 2019 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

It is submitted by the learned counsel for the petitioner that nothing was recovered from conscious possession of the petitioner. However, the petitioner has become victim of the high-handedness of the police. The allegation of 50 bottles each containing of 300 ml. of nepali wine from bag of the petitioner is totally false. The petitioner has got no criminal antecedent and having got roots in the society, he is not likely to abscond or tamper with the evidence.

Learned counsel for the State has opposed the

Patna High Court CR. MISC. No.33034 of 2019(2) dt.20-05-2019 2/2 application for grant of bail to the petitioner. Considering the nature of the offence, the petitioner, who is in custody since 03.03.2019, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand only) with two sureties of the like amount each to the satisfaction of A.D.J.-II-cum-Special Judge, Excise Act, Sitamarhi in connection with Sursand P.S. Case No.50 of 2019 subject to the following conditions:- (a) that the petitioner shall attend court in accordance with the conditions of the bond executed;

(b) that the petitioner shall not commit an offence similar to the offence of the present case; and (c) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(Ashwani Kumar Singh, J.) Sanjeet/- U T