Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24496 of 2018 Arising Out of PS.Case No. -69 Year- 2017 Thana -KASHICHAK District- NAWADA ======================================================

1. Dharmendra Kumar S/o Surendra Raut, R/o Vill.- Kochgaon, P.S.- Warsaliganj, Distt.- Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amresh Kumar Sinha For the Opposite Party/s : Mr. Sri Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-04-2018 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks anticipatory bail in connection with Kashichak P.S. Case No.69/17, registered for the offences punishable under Sections 272 and 273 of IPC & Section 30(a) of Bihar Prohibition and Excise Act.

The allegation is regarding recovery of huge quantity of illicit liquor from the pick up van and the driver of the said pick up van after being apprehended is said to have named the petitioner and other accused persons.

The learned counsel for the petitioner submits that that the petitioner has got no concern either with the alleged recovered illicit liquor or with the said pick up van.

It is further stated that no recovery has been made from the

Patna High Court Cr.Misc. No.24496 of 2018 (2) dt.25-04-2018 2/2 conscious possession of the petitioner and the petitioner is having a fair antecedent.

Lastly it is submitted that similarly situated, co-accused persons have already been enlarged on anticipatory bail vide order dated 20.02.2018 passed in Cr. Misc. No.9473 of 2018 and order dated 13.04.2018 passed in Cr. Misc. No.21470 of 2018. Considering the nature of accusation leveled against the petitioner herein as also the fact that prima facie no case is made out under the provisions of the Excise Act, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail. Accordingly, in the event of arrest or surrender before the concerned court within a period of six weeks from the date of receipt / production of a copy of the preset order, the petitioner above named is directed to be released on anticipatory bail on furnishing bonds of Rs.10,000/- (Rs.

Ten thousand) with two sureties of the like amount each to the satisfaction of the learned court of A.D.J., II-cum-Spl. Judge, Nawada, in connection with Kashichak P.S. Case No.69/17, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.