Dharmendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47344 of 2019 Arising Out of PS. Case No.-52 Year-2019 Thana- GOVINDPUR District- Nawada ====================================================== DHARMENDRA YADAV @ Dharmendra Kumar S/o Jageshwar Yadav Resident of Village- Chutakiya Bigha, P.S.- Muffasil, District- Nawada. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad,Advocate For the Opposite Party/s :

Mr.Damodar Prasad Tiwary,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 17-10-2019 Heard learned counsel for the petitioner and learned APP representing the State.

The petitioner in this case is seeking anticipatory bail in connection with Govindpur P.S. Case No. 52 of 2019 registered for the offences punishable under Section 30(a) of the Excise Act. The petitioner in the present is the registered owner of the vehicle in question but when the vehicle was intercepted one bottle containing 750 ml. illicit liquor was recovered which was being driven by the brother of the petitioner. It is submitted that the petitioner earns his livelihood in Mumbai.

Learned counsel for the State is present and has opposed the prayer of anticipatory bail.

However, considering the facts and circumstances of the case wherein save and except the petitioner happens to be the registered owner of the vehicle, no other material has been found

Patna High Court CR. MISC. No.47344 of 2019(3) dt.17-10-2019 2/2 connecting the petitioner with the alleged occurrence of carrying illicit liquor in the motorcycle, let the petitioner above named in case of his arrest or surrender within a period of four weeks from today in connection with Govindpur P.S. Case No. 52 of 2019 be released on bail on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II-cum-Special Judge, Nawada, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) avin/- U T