Dharmendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67711 of 2025 Arising Out of PS. Case No.-104 Year-2025 Thana- BUDDHACOLONY District- Patna ====================================================== Dharmendra Kumar S/O Ram Kishore Paswan Resident of Sakin Dujra Gandhi Murti, P.S- Budda Colony, Distt.- Patna 800001. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Prasad Singh, Advocate For the State :
Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-09-2025 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Buddha Colony P.S. Case No. 104 of 2025 registered for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act, lodged on 14.03.2025 by the informant, Rana Ji.
3. As per the prosecution story, the Police on information that some persons are selling wine on motorcycle, raided the place and recovered/seized 9.5 country made liquor. The accused escaped, this led to the F.I.R.
4. Learned counsel for the petitioner submits that his motorcycle was parked on the area who kept the bag nearby, he could not know and later found himself implicated. The last submissions is that he do not have criminal antecedent and if
Patna High Court CR. MISC. No.67711 of 2025(2) dt.25-09-2025 2/3 granted relief, he shall be diligently appearing in trail.
5. Learned APP opposes the prayer submitting that petitioner is the owner of the motorcycle.
6. Considering the submissions of the parties as also the fact that this petitioner has no criminal antecedent and an undertaking has been given that he shall be diligently appearing in trial, in that background, this Court is inclined to extend him the privilege of anticipatory bail.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Principal Special Judge-Excise Act Court-1st Patna, in connection with Buddha Colony P.S. Case No. 104 of 2025 subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive
Patna High Court CR. MISC. No.67711 of 2025(2) dt.25-09-2025 3/3 dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance and at the end of the period a certificate be submitted before the Trial Court failing which the State shall be at liberty to take steps for cancellation of bail bonds; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Rajiv Roy, J) vinayak/- U T