Dharambir Yadav @ Dharambir Kumar @ Dharambir Kumar Yadav @ Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52142 of 2019 Arising Out of PS. Case No.-157 Year-2019 Thana- JAKKANPUR District- Patna ====================================================== Dharambir Yadav @ Dharambir Kumar @ Dharambir Kumar Yadav @ Dharmendra Kumar, Son of Dinesh Rai, Resident of Village - Patthar Gali, P.S.- Bure, Dsit.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Bihari Singh For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-11-2019 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner in the present case is seeking regular bail in connection with Jakkanpur P.S. Case No.157 of 2019, Special Case No.3060 of 2019 registered for the offence punishable under Sections 30(a), 38 and 41 of Bihar Prohibition and Excise Act, 2016 and Sections 272, 271 and 120(b) of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Learned counsel submits that no incriminating article has been recovered from the conscious possession of the petitioner. He is in custody since 25.06.2019.

Learned APP has opposed the prayer for bail.

Considering the facts and circumstances of the case wherein the name of the petitioner has transpired in the

Patna High Court CR. MISC. No.52142 of 2019(4) dt.20-11-2019 2/2 confessional statement of the co-accused and further that the illicit liquor has not been recovered from the possession of the petitioner and the vehicles in question are not owned by this petitioner as also that he is in custody since 25.06.2019, let the petitioner above named be released on bail on furnishing bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Jakkanpur P.S. Case No.157 of 2019, subject to the condition as laid down under Section 437 (3) Cr.P.C.

as under: (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) arvind/- U T