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Patna High CourtCR. MISC./63102/2024bail granted

Dharmendra Singh v. The State Of Bihar

2024-09-21Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63102 of 2024 Arising Out of PS. Case No.-292 Year-2022 Thana- PANCHRUKHI District- Siwan ====================================================== Dharmendra Singh, Son of Kishundeo Singh, R/O Village- Baishakhi, P.S.- Sarai O.P., District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghav Prasad, Advocate Ms. Urmila Kumari, Advocate Mr. Chandra Shekhar, Advocate Mr. Gun Sagar Mahto, Advocate For the Opposite Party/s :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-09-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Pachrukhi (Sarai O.P.) P.S. Case no. 292 of 2022 registered under section 30(a) of Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, the informant states that on receiving information about two accused involved in sale of liquor, a raid was conducted. While accused Achhe Lal Manjhi was arrested, one of the accused escaped. The accused arrested disclosed the name of the person who managed to escape as the petitioner herein.

4. Learned counsel for the petitioner submits that neither the petitioner was arrested at the spot nor any

Patna High Court CR. MISC. No.63102 of 2024(2) dt.21-09-2024 2/2 incriminating article recovered from his possession. He has been falsely implicated in the case and has no criminal antecedent.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., the petitioner not having been arrested at the spot and specially the petitioner not having any antecedent under the Bihar Prohibition and Excise Act, 2016, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Pachrukhi (Sarai O.P.) P.S. Case no. 292 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court no.1, Siwan.

(Partha Sarthy, J) avinash/- U T