Patna High CourtCR. MISC./60423/2024bail granted

Dharmendra Yadav @ Dharmendra Kumar v. The State Of Bihar

2024-08-22Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60423 of 2024 Arising Out of PS. Case No.-1308 Year-2023 Thana- BIHTA District- Patna ====================================================== Dharmendra Yadav @ Dharmendra Kumar, son of Ganesh Rai VillageKatesar, p.s. -Bihta, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramji Kumar For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-08-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 83.16 litres of liquor from hut of the petitioner.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and even the hut from where the alleged recovery was made does not belong to the petitioner and he came to be implicated based on secret

Patna High Court CR. MISC. No.60423 of 2024(2) dt.22-08-2024 2/3 information, which is the easiest way to implicate someone. It is next submitted that the police in mechanical manner investigates and implicates, when admittedly petitioner is a person with clean antecedent. The learned counsel for the petitioner at the cost of repetition asserts and submits that he has pleaded at Para-9 that hut does not belong to the petitioner.

5. Learned A.P.P. opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Special Excise Judge, Danapur, Patna in connection with Bihta P. S. Case No.1308 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

8. It is made clear that the learned trial Court before accepting the bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of even one case, in that

Patna High Court CR. MISC. No.60423 of 2024(2) dt.22-08-2024 3/3 event, the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) vikash/- U T