Dharmendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64767 of 2024 Arising Out of PS. Case No.-443 Year-2024 Thana- HISUWA District- Nawada ====================================================== Dharmendra Singh Son of Sitaram Singh Resident of Village - Baduna, Police Station - Hisua, District - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hansraj, Adv.

For the Opposite Party/s :

Mr. Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 28-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Section 30 (a) of the Bihar Prohibition and Excise Act and Section 111(3) of the B.N.S.S., registered in connection with Hisuwa P.S. Case No. 443 of 2024.

3. As per prosecution case, there has been recovery of total 315 liters of country-made liquor from a bush. It is further alleged that the petitioner and other co-accused are said to have involved in the business of selling it.

4. The learned counsel for the petitioner has submitted that petitioner has been falsely implicated in this case and has

Patna High Court CR. MISC. No.64767 of 2024(3) dt.28-10-2024 2/2 committed no offence. Petitioner was not apprehended on spot. On the basis of suspicion and due to his criminal antecedent, the name of the petitioner has figured in this case. Petitioner has no concern with the alleged recovery of liquor and the place of occurrence does not belongs to him. He further submitted that the other co-accused has already been granted bail by this Bench vide order dated 19.09.2024 passed in Cr. Misc. No. 64934 of 2024. The petitioner is in custody since 30.07.2024.

5. Learned APP for the State has opposed the prayer of bail.

6. Considering the above facts and circumstances of the case, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1, Nawada in connection with Hisuwa P.S. Case No. 443 of 2024, subject to the condition that the petitioner shall co-operate in the disposal of trial and make himself available as and when required by the Court. (Nawneet Kumar Pandey, J) Arish/- U T