Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69483 of 2021 Arising Out of PS. Case No.-292 Year-2021 Thana- BAJPATTI District- Sitamarhi ====================================================== Dharmendra Kumar Son of Nandkishor Rai Resident of Village - Basotara, P.O.- Chikana, P.S.- Charaut, Distt.- Sitamarhi, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhusudan Rai For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-12-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Bajpatti P.S. Case No. 292 of 2021, registered for the offence punishable punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. 131.400 litres of Nepali Saufi wine has been recovered from a motorcycle and this petitioner and two coaccused were apprehended on the spot. It is submitted that no recovery has been made from conscious possession of this petitioner. The vehicle in question does not belong to this petitioner and he has got no concern with the seized liquor. Petitioner is in custody since 07.10.2021 having no criminal antecedent, as stated in para 3 of the petition. Investigation is complete.

Patna High Court CR. MISC. No.69483 of 2021(2) dt.22-12-2021 2/2 Considering the period of custody coupled with the fact that petitioner bears clean antecedent, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge II-cum-Special Judge Excise Act, Sitamarhi in connection with Bajpatti P.S. Case No. 292 of 2021. (Prabhat Kumar Singh, J) vinita/- U T