Dharmendra Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.47289 of 2017 (2) dt.12-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47289 of 2017 Arising Out of PS.Case No. -374 Year- 2017 Thana -SIWAN CITY District- SIWAN ======================================================

1. Dharmendra Kumar Son of Late Parsuram Rai, R/o VillageBhikhabandh, P.S.- Darunda, District- Siwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Nikesh For the Opposite Party/s : Mr. Sri Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-10-2017 Heard the parties.

The petitioner seeks regular bail in connection with Town P.S.Case No.374 of 2017 registered for offences punishable under Sections 420/34 of the Indian Penal Code and Sections 30/36/41 of the Bihar Prohibition and Excise Act, 2016. Allegation against the petitioner is about recovery of 03 ltrs. of liquor from the possession of the petitioner. Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated in this case and nothing has been recovered from the possession of the petitioner as well as he has no criminal antecedent. He has remained in custody for about 03 months.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.47289 of 2017 (2) dt.12-10-2017 Having heard both sides and in view of the facts and circumstances, as stated above, this application is disposed of with direction to the learned court below to verify about criminal antecedent of the petitioner and if there is no criminal antecedent, he will release the petitioner to his own satisfaction with further condition that if his active participation is found in similar type of cases in future, his bail bond shall be cancelled. (Vinod Kumar Sinha, J) chn/- U T