Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58676 of 2021 Arising Out of PS. Case No.-251 Year-2021 Thana- SHASTRINAGAR District- Patna ====================================================== Dharmendra Kumar S/O Radhe Prasad R/o Mohalla- Punaichak Road No. 6, Jhoparpatti, P.S.- Shastringar, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Praveen, Adv.

For the Opposite Party/s :

Ms.Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 26-05-2022 In view of the supplementary affidavit, necessary correction in Para-12 as well as in the prayer portion of the petition is permitted.

Heard Mr. Kumar Praveen, learned advocate for the petitioner and learned Additional Public Prosecutor representing the State.

The petitioner seeks bail in connection with Shastrinagar P.S. Case No. 251 of 2021 corresponding to Special Case No. 4190 of 2021 dated 10.07.2021 instituted for the offences under Sections 30(a) & 56 of the Bihar Prohibition and Excise Act.

On a secret information that a huge consignment of liquor is being unloaded in a hut in Punaichak by a Innova vehicle, a raid was conducted.

From the hut, 1123.200 liters of liquor has been

Patna High Court CR. MISC. No.58676 of 2021(2) dt.26-05-2022 2/2 recovered whereas from the vehicle in question, 69.120 liters were recovered.

The petitioner was found running away from the place of raid and as such, on suspicion, he was arrested and since the date of his arrest date i.e. 11.07.2021, he is in custody. Learned counsel for the petitioner submits that on seeing the police party, the petitioner only wanted to move away from the place. He is not at all concerned with the liquor or the hut or the Innova vehicle. He has no criminal antecedents. The petitioner claims to be a 22 years old person residing in the same locality. Thus beyond suspicion, there is no other material to connect the petitioner with the offence. Regard being had to the nature of accusation and the period of custody, the petitioner is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patna in connection with Shastrinagar P.S. Case No. 251 of 2021 corresponding to Special Case No. 4190 of 2021. (Ashutosh Kumar, J) rishi/- U T