Patna High CourtCR. MISC./53083/2019allowed

Dharmendra Kumar Singh @ Dhiru @ Dharmendra Kumar v. The State Of Bihar

2019-09-27Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53083 of 2019 Arising Out of PS. Case No.-389 Year-2018 Thana- PIRO District- Bhojpur ====================================================== DHARMENDRA KUMAR SINGH @ DHIRU @ DHARMENDRA KUMAR S/O Late Rama Singh @ Rama Prasad Singh Resident of VillageBarauli, P.S.- Piro, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sangeet Deokuliar, Advocate For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 27-09-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Excise Case No. 2234A of 2018 arising out of Piro P.S. Case No. 389 of 2018 for the offenses under Section 30(a) of Bihar Excise Act, 2016.

Learned counsel for the petitioner submits that in the instant case total 3421.08 ltrs English Wine was recovered from the truck. Nothing was recovered from the possession of the petitioner. The petitioner is in custody since 27.07.2019. Considering the fact that the liquor was seized from the truck and not from the possession of the petitioner, the Court is inclined to grant bail to the petitioner subject to cash deposit

Patna High Court CR. MISC. No.53083 of 2019(3) dt.27-09-2019 2/2 of Rs. 1,00,000/- (One Lakh) in the Court below and on deposit of the same, the Court below shall release the petitioner, above named, on bail on furnishing bail bonds of Rs. 1,00,000/-(One Lakh) with two sureties of the like amount each to the satisfaction of the learned 4th Additional Sessions Judge cum Special Judge Excise, Buxar, in connection with Excise Case No. 2234A of 2018 arising out of Piro P.S. Case No. 389 of 2018.

The cash deposit of Rs. 1,00,000/- shall abide by the final outcome of the pending criminal case.

(Anil Kumar Upadhyay, J) uma/- U T