Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43670 of 2023 Arising Out of PS. Case No.-166 Year-2023 Thana- MAIRWAN District- Siwan ====================================================== Dharmendra Kumar Son Of Vishwanath Rai Village Pahleja Shahpur Diyara, P.S. Sonepur, District Chapra Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vasant Vikas For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner prayed for regular bail in connection with Mairwa P.S. Case no. 166 of 2023 instituted for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 209.700 liters illicit liquor from a tempo bearing Reg. No. BR04AM-8018.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. He has got no criminal antecedent.

Patna High Court CR. MISC. No.43670 of 2023(2) dt.21-07-2023 2/3 Petitioner has no concern with the alleged recovery nor vehicle in question belongs to him. No any incriminating article has been recovered from his possession. The petitioner is languishing in judicial custody since 02.06.2023.

Learned APP appearing for the State has vehemently opposed the prayer of Bail.

The petitioner is directed to deposit a sum of Rs 5,000/- (Five Thousand) in the District Legal Services Authority of concerned District.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail after framing of charge, if charge has not been framed as yet. The above named petitioner is directed to be released on bail in connection with Mairwa P.S. Case No. 166 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No1, at Siwan. The bail bonds of the petitioner shall be accepted

Patna High Court CR. MISC. No.43670 of 2023(2) dt.21-07-2023 3/3 by the learned court below on showing the receipt of deposit of Rs. 5,000/- (Rs. Five thousand) by the petitioner in the account of the concerned DLSA.

(Sunil Kumar Panwar, J) Manishkumar/- U T