Dharmendra Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39191 of 2019 Arising Out of PS. Case No.-256 Year-2019 Thana- BIHARSHARIF District- Nalanda ====================================================== Dharmendra Chaudhary S/o Late Bhushan Chaudhary, R/o village- Paharpura, P.S.- Bihar, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kishor Prasad For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 27-06-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Bihar P.S. Case No. 256 of 2019 registered for offence punishable under section 30 (a) of the Bihar Prohibition & Excise Act, 2016.

The police has raided the house of petitioner and from there, 52.295 litres of liquor has been recovered. The petitioner fled away from there.

Learned counsel for the petitioner submits that the petitioner is completely a blind, he cannot move without any help of human assistance and has wrongly been framed in the present case.

In view of the statement made by the counsel for the

Patna High Court CR. MISC. No.39191 of 2019(2) dt.27-06-2019 2/2 petitioner that the petitioner is completely a blind, the petitioner, in the event of arrest or surrender before the court below within six weeks from today, is directed to be enlarged on provisional bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of 3rd Additional Sessions Judge-cum-Special Judge (Excise), Nalanda at Biharsharif in connection with Bihar P.S. Case No. 256 of 2019, subject to the conditions as laid down under section 438 Cr. PC. and also subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioner will not induce any witness or tamper with the evidence.

The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. The court below will verify the statement made by the petitioner that the petitioner is completely a blind. If it is found true then the bail granted to the petitioner will be confirmed.