Dharmendra Pandey And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 36786 of 2018 Arising Out of PS. Case No.-430 Year-2017 Thana- Sasaram Muffsil District- Rohtas ======================================================

1. Dharmendra Pandey, Son of Late Hirdaya Nand Pandey,

2. Manu Chaudhary, Son of Late Dukhan Chaudhary, Both residents of Village- Chhotaka More, Police StationSasaram (M), District- Rohtas at Sasaram. ... ... Petitioners

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Raghunandan Kumar Singh For the Opposite Party/s :

Mr. Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

29-06-2018 Heard Sri Raghunandan Kumar Singh, learned counsel for the petitioners and Sri Madhuranand Jha, learned Addl. Public Prosecutor.

Two petitioners, having clean antecedent, which fact has been stated in paragraph - 3 of the petition, apprehending their arrest in Sasaram (M) P.S. Case No. 430 of 2017 registered for offence under Section 30(a) of Bihar Prohibition and Excise Act, 2016, have prayed for grant of bail in the event of their arrest or surrender.

Learned counsel for the petitioners, by way of referring to F.I.R., submits that in the case from khalihan of one Bekahal Chaudhary, there was recovery of about 16 litres of country-made liquor, kept in pouches, and as such, F.I.R. was

Patna High Court Cr.Misc. No.36786 of 2018(2) dt.29-06-2018 2/2 lodged against unknown. But thereafter, maliciously, the police implicated both petitioners, as accused, in the present case. Learned Addl. Public Prosecutor has opposed the prayer.

However, considering the nature of accusation as well as the fact that petitioners are having clean antecedent, in the event of their arrest or surrender within a period of six weeks from today, let both petitioners namely Dharmendra Pandey and Manu Chaudhary be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned IInd Additional District & Sessions Judge-cum-Special Judge, Excise, Rohtas at Sasaram in connection with Sasaram (M) P.S. Case No. 430 of 2017, subject to condition as contemplated under Section 438(2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J.) anay U T