Dharmendra Kumar @ Dharmnedra Kumar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 33236 of 2019 Arising Out of PS. Case No.-316 Year-2018 Thana- CHIRAIYA District- East Champaran ====================================================== DHARMENDRA KUMAR @ DHARMENDRA KUMAR PRASAD, Son of Late Ramanand Sah, Resident of Village - Mirpur, P.S.- Chiraiya, DistrictEast Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ram Bachan Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-05-2019 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is apprehending his arrest in connection with Chiraiya P.S. Case No.316 of 2018 for allegedly having committed the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that the there is no recovery from the conscious possession of the petitioner.

Considering the fact that the alleged recovery was not from the conscious possession of the petitioner and also that the petitioner has clean antecedents, let the petitioner, above named, in the event of his arrest or surrender before

Patna High Court CR. MISC. No. 33236 of 2019(2) dt.20-05-2019 2/2 the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, East Champaran, Motihari, in connection with Chiraiya P.S. Case No.316 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T