Dharmendra @ Dharmendra Kumar @ Malang Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64472 of 2024 Arising Out of PS. Case No.-147 Year-2024 Thana- GANGABRIDGE District- Vaishali ====================================================== Dharmendra @ Dharmendra Kumar @ Malang Rai S/o Virchandra Rai @ Virchandra Ray Resident Of Village- Diwan Tok, P.S. - Gangabridge, distt. - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivjee Singh For the Opposite Party/s :

Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-09-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2022.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of six cases and allegation is of recovery of 380 liters of liquor from a car.

4. It is next submitted that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is owner of the seized vehicle and he came to be implicated based on secret information which is the easiest way to implicate someone. It is also submitted that

Patna High Court CR. MISC. No.64472 of 2024(2) dt.05-09-2024 2/2 police at times takes aid of secret information in order to save the real culprits. It is further submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically.

5. The learned APP for the State opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 30,000 /- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 1-cum-Additional Sessions Judge, Vaishali at Hajipur in connection with Gangabridge P.S. Case No. 147 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J.) Sudhanshu/- U T