Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8128 of 2017 Arising Out of PS.Case No. -11 Year- 2017 Thana -JHAJHA RAIL P.S. District- LAKHISARAI ====================================================== Dharmendra Kumar, Son of Nanda Rai, resident of Village- Deochan, W.No.39, P.S.- Raghopur, District- Vaishali.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Veena Kumari Jaiswal For the Opposite Party/s : Mr. Sri Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks bail in G.R.P. Jhajha P.S. Case No. 11 of 2017 instituted for the offence under Section(s) 30A, 38(1) of the Bihar Excise(Amendment) Act. It is alleged that the police recovered 113 pouches of country made liquor each containing 200 ml from the possession of the petitioner while he was travelling in PatnaCalcutta Express. It has been submitted that petitioner has no criminal antecedent and he is in custody since 09.01.2017. Keeping in view the period spent by the petitioner in the custody and the petitioner having clean

Patna High Court Cr.Misc. No.8128 of 2017 (2) dt.07-03-2017 2/2 antecedent, prayer of the petitioner for grant of bail is allowed. Let the Petitioner, above named, be released on bail on furnishing bail bond of 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Rail, Kiual in connection with GRP/Jhajha P.S. Case No. 11 of 2017, subject to the conditions that both the bailors shall be the close relative of the petitioner. It is made clear that in the event, the criminal antecedent of the petitioner is found prior to grant of bail by this Court, learned Court below will be at liberty to cancel the bail bonds of the petitioner.

The petitioner will also file an affidavit at the time of release that he will not indulge in such type of activity again in future and in the event, he is found indulging in such activity, the bail bonds of the petitioner will be liable to be cancelled by the Court below.

(Sanjay Priya, J) Shageer/- U T