Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62818 of 2021 Arising Out of PS. Case No.-104 Year-2021 Thana- KURTHA District- Jehanabad ====================================================== Dharmendra Kumar Son of Late Birendra Yadav Resident of VillageChamandi, P.S.-Kurtha, District-Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-12-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Kurtha PS Case No. 104 of 2021 corresponding to Excise Case No. 726 of 2021, registered for the offence punishable punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. 42 litres of Mahua liquor has been recovered from motorcycle of this petitioner.

It is submitted that no recovery has been made from conscious possession of this petitioner. Motorcycle in question does not belong to this petitioner and he was simply a pillion rider. Petitioner is in custody since 28.08.2021 having no criminal antecedent, as stated in para 3 of the petition. Investigation is complete.

Patna High Court CR. MISC. No.62818 of 2021(2) dt.20-12-2021 2/2 Considering the period of custody coupled with the fact that petitioner bears clean antecedent, the petitioner abovenamed, 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 & Sessions Judge II-cum-Special Judge Excise, Jehanabad in connection with Kurtha P.S. Case No. 104 of 2021 corresponding to Excise Case No. 726 of 2021. (Prabhat Kumar Singh, J) vinita/- U T