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Patna High CourtCR. MISC./30720/2018bail granted

Dharmendra Ram v. The State Of Bihar

2018-06-18Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30720 of 2018 Arising Out of PS.Case No. -61 Year- 2018 Thana -BARHARIA District- SIWAN ====================================================== Dharmendra Ram S/o Banarsi Ram, R/o Vill.- Rasulpur, P.S.- Barharia, District- Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prashant Kumar For the Opposite Party/s : Mr. Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 272, 273 and 308/34 of the Indian Penal Code and Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

432 litres of foreign liquor is said to have been recovered from the community hall and the petitioner is said to be custodian of the key of the said community hall. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or with the community hall. No key of

Patna High Court Cr.Misc. No.30720 of 2018 (2) dt.18-06-2018 2/2 the community hall has been seized from the possession of the petitioner. He has been falsely implicated in the case due to dirty village politics as he happens to be fair price shop dealer. He has no criminal antecedent. He has been languishing in custody since 06.03.2018.

Considering the facts aforesaid, the above named petitioner is directed to 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 the learned Additional District and Sessions Judge-II cum Special Judge, Excise, Siwan in connection with Barharia P.S. Case No. 61 of 2018. (Prakash Chandra Jaiswal, J) Mishra/- U T