Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65516 of 2023 Arising Out of PS. Case No.-34 Year-2023 Thana- SIMRA District- Aurangabad ====================================================== DHARMENDRA KUMAR SON OF KULESHWAR SINGH RESIDENT OF VILLAGE- HANEYA, PO- MATPA, PS- KUTUMBA, DISTTAURANGABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 08-12-2023 Heard the learned Advocate for the petitioner and the learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Simra P.S. Case No. 34 of 2023, dated 01.08.2023, registered under Sections 30(a) Bihar Prohibition and Excise (Amendment) Act, 2018.

3. It is submitted by the learned Advocate for the petitioner that 17.28 litres country made liquor was recovered from the possession of Rahul Kumar and Prem Kumar, while they were moving by a motorcycle owned by the present petitioner. He further submits that the accused persons requested the petitioner to give his motorcycle to bring some other materials. On good faith he gave the said motorcycle. He was not known about carrying illicit liquor by the accused persons, who were apprehended.

4. Learned Additional Public Prosecutor for the State has

Patna High Court CR. MISC. No.65516 of 2023(3) dt.08-12-2023 2/2 vehemently opposed the prayer for bail of the petitioner.

5. Accordingly, the anticipatory bail application is allowed.

6. In view of such circumstances, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, one of whom must be a local surety having landed property, to the satisfaction of the learned Special Judge, Excise Court No.-1, Aurangabad (Bihar) in connection with Simra P.S. Case No. 34 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C., with further condition that he must comply the conditions, namely, he would not persuade or threaten the witnesses and would be present in the Court below during trial on all dates.

7. Failure on the part of the petitioner to comply with any of the above directions will entail the learned court below to cancel the bail without any further order.

(Bibek Chaudhuri, J) pravinkumar/- U T