Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25612 of 2017 Arising Out of PS.Case No. -9 Year- 2017 Thana -RAJAULI District- NAWADA ====================================================== Dharmendra Kumar Son of Dilip Sharna, Resident of Village- Phulwaria, P.S.- Rajauli, District- Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arjun Prasad, Advocate For the Opposite Party/s : Mr. Sri Aditya Narayan Singh-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.

13-06-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is seeking Regular Bail in connection with Rajauli P.S. Case No. 09 of 2017 for the offences registered under Section 30(a) of the Excise Act. Learned counsel for the petitioner submits that petitioner is said to be in custody from 12.01.2017 and the allegation against the petitioner is that he was one of the persons riding on motorcycle along with another person carrying a bag in between them and when he was intercepted by the police and the bag was checked 200 pieces of Jharkhand made spicy liquor were recovered. The petitioner was apprehended, whereas other accused persons fled away. One of the accused who fled away namely Kuldip Kumar @ Rakesh Kumar has been granted Anticipatory Bail by a coordinate Bench of this Court in Cr. Misc. No. 10567/2017.

Learned counsel for the petitioner submits that petitioner was not carrying the bag and the seizure is not in

Patna High Court Cr.Misc. No.25612 of 2017 (2) dt.13-06-2017 accordance with the provisions contained under Section 100 Cr.P.C. He also submits that petitioner has no criminal antecedent and he is in custody for five months by now. Learned Additional Public Prosecutor opposed the prayer for bail of the petitioner.

Considering the fact that the petitioner has no criminal antecedent and that he is in custody for five months by now, let the petitioner named-above be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Rajauli P.S. Case No. 09 of 2017, subject to the condition that one of the bailors must be a person residing within the jurisdiction of the Court and having sufficient immovable property. (Rajeev Ranjan Prasad, J.) Rajeev/- U T