Harendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28644 of 2018 Arising Out of PS. Case No.-38 Year-2018 Thana- DHAKA District- East Champaran ====================================================== Harendra Kumar S/o Jaykishun Mahto, R/o Vill.- Pandri, P.S.- Dhaka, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar @ Sonu For the Opposite Party/s :

Mr. Madan Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 11-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Dhaka P.S. Case No. 38 of 2018 for offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution case, as lodged by the informant police personnel, is that on secret information that the petitioner along with another co-accused Prince Raj, who are running a school and in the Scorpio car, which was engaged in bringing the children, they are involved in transporting huge quantity of illicit liquor from Nepal, a raid was conducted and the police seized 2250 bottles of Nepali sophy wine each containing 300 ml. And, accordingly, a seizure-list was prepared. Petitioner and two others managed to escape.

Patna High Court Cr.Misc. No.28644 of 2018(2) dt.11-05-2018 2/3 It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case. He submits that nothing has been recovered from the conscious possession of the petitioner and one of the co-accused Prince Raj has already been granted privilege of pre-arrest bail by a coordinate Bench of this Court and the petitioner is languishing in judicial custody since 09.03.2018.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 4th Additional Sessions Judge cum Special Judge, Excise, Motihari, East Champaran, in connection with Dhaka P.S. Case No. 38 of 2018, subject to the following conditions : (i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(ii) Petitioner will appear before the learned court below

Patna High Court Cr.Misc. No.28644 of 2018(2) dt.11-05-2018 3/3 during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J) Rajesh/- U T