Dharmendra Kumar @ Dharmendra Kumar Sah v. The State Of Bihar
Patna High Court Cr.Misc. No.34728 of 2018 (2) dt.20-06-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34728 of 2018 Arising Out of PS.Case No. -5 Year- 2018 Thana -KHODABANDPUR District- BEGUSARAI ======================================================
1. Dharmendra Kumar @ Dharmendra Kumar Sah, Son of Ram Chandra Prasad @ Ram Chandra Prasad Sah, Resident of Village and P.O.- Lavgaun, P.S. and District- Khagaria.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Deepak Kumar Singh For the Opposite Party/s : Mr. Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-06-2018 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Khodawandpur Police Station Case No. 05 of 2018, disclosing offences under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act, 2016.
Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the alleged recovery foreign liquor was made from the open road, which is evident from seizure list and the petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. Hence, the petitioner deserves the
Patna High Court Cr.Misc. No.34728 of 2018 (2) dt.20-06-2018 privilege of anticipatory bail.
Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released 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 Additional Sessions Judge-II -cum- Special Judge, Excise Court, Begusarai, in connection with Khodawandpur Police Station Case No. 05 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Arvind Srivastava, J) brajesh/- U T