Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16268 of 2016 Arising Out of PS.Case No. - 461 Year- 2015 Thana -BIDUPUR District- VAISHALI (HAJIPUR) ====================================================== Dharmendra Kumar Son of Late Shambhu Mahto, Resident of villageRajasan, P.S. Bidupur, District- Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar For the Opposite Party/s : Mr. Binod Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-05-2016 Heard both sides.

The petitioner apprehends his arrest in a case under Sections 272/273 of the Indian Penal Code and Section 47(A) of the Excise Act.

The police on secret information raided a Banana Orchard situated in front of the house of the petitioner and recovered 1005 litres of illegal country-made liquor. It is submitted that the petitioner is not the owner of the Banana Orchard and the petitioner has been falsely implicated in this case, but it appears that the witnesses have very categorically stated that it was the petitioner, who had illegally kept huge quantity of country-made liquor in the Banana Orchard.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail in Bidupur P.S. Case

Patna High Court Cr.Misc. No.16268 of 2016 (2) dt.03-05-2016 2/2 No. 461 of 2015. Accordingly, the same is rejected. The petitioner, if so advised, may surrender in the court below and make prayer for regular bail. The court below shall consider the prayer for regular bail of the petitioner without being prejudiced by this order.

(Prabhat Kumar Jha, J) Dilip/- U T