Patna High CourtCR. MISC./63812/2025bail granted

Dharmendra Kumar v. The State Of Bihar

2025-09-24Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63812 of 2025 Arising Out of PS. Case No.-97 Year-2025 Thana- JURAWANPUR District- Vaishali ====================================================== Dharmendra Kumar S/O Ramchandra Rai R/O Village-Bagra Dumri Bazar, P.S.- Mohanpur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravish Mishra For the Opposite Party/s :

Mr.Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-09-2025 Heard the parties.

2. The petitioner is apprehending his arrest in connection with Jurawanpur P.S. Case No. 97/2025 for the offence under Sections 274/275/3(5) of the BNS lodged on 10.05.2025 by the informant, Ravi Charan Ram.

3. As per the prosecution story, the informant alleged that the police intercepted a Bolero vehicle and there is recovery/seizure of 735 ml. foreign liquor. This led to the FIR.

4. Learned counsel for the petitioner submits that three persons already got arrested, namely, Rajendra Rajak, Ravindra Rajak and Shambhu Rai, he only because of the vehicle owner has been implicated. He has no criminal antecedent.

5. Learned APP opposes the prayer submitting that the

Patna High Court CR. MISC. No.63812 of 2025(2) dt.24-09-2025 2/3 petitioner owns the seized vehicle.

6. Taking into account the submissions of the parties as also that persons already stand arrested along with the seized items, he do not have criminal antecedent, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions.

7. If, however, it is found that contrary to the statement made in paragraph-3, the petitioner has criminal antecedent, the present order shall become infructuous.

8. 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 Exclusive Special Excise Court (second) cum District and Additional Sessions Judge, Vaishali at Hajipur/concerned court in connection with Jurawanpur P.S. Case No. 97/2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023.

(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;

Patna High Court CR. MISC. No.63812 of 2025(2) dt.24-09-2025 3/3 (ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his 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;

(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 his bail bonds. (Rajiv Roy, J) Saif/- U T