Dhaneshwar Ram @ Dhaneshwar Kumar @ Dhani @ Sadhaneshwar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61501 of 2024 Arising Out of PS. Case No.-121 Year-2023 Thana- KORMA District- Sheikhpura ====================================================== Dhaneshwar Ram @ Dhaneshwar Kumar @ Dhani @ Sadhaneshwar Ram Son of Late Laddu Ram Resident of Village- Murarpur, Police Station -Korma, District- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nilendu Kumar Choudhary For the Opposite Party/s :

Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 30 (a)(c)/52 of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 80 liters of country made liquor is said to have recovered from the place of occurrence. He submits that the petitioner was not even present on the alleged place of occurrence, rather his name has been dragged in the present case only on the instance of local chowkidar. He

Patna High Court CR. MISC. No.61501 of 2024(2) dt.30-08-2024 2/3 further submits that petitioner has three criminal antecedents out of which two antecedents are of similar nature as stated in para3 of the bail application. The petitioner has been languishing in custody since 31.07.2024.

4. Petitioner is agreed to deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand) in Mahavir Cancer Sansthan, Patna, bearing Account No.3332964762, IFSC Code: CBIN0282779, Central Bank of India, Chitkohra Branch, Patna.

5. Having regard to the facts and circumstances of the case and the fact that there is nothing recovered from the conscious possession of the petitioner, let the above named petitioner, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Korma P.S. Case No.121 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C., subject to the further conditions that:

(1) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to who he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the

Patna High Court CR. MISC. No.61501 of 2024(2) dt.30-08-2024 3/3 petitioner.

(2) That the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse.

6. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Mahavir Cancer Sansthan, Patna.

(Anjani Kumar Sharan, J) anand/- U T