Dharmendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69047 of 2024 Arising Out of PS. Case No.-206 Year-2024 Thana- BAIRIYA District- West Champaran ====================================================== Dharmendra Prasad S/o- Rajendra Prasad Village- Ward No. 2, Tadhwa Nandpur, Ps- Bairiya Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Gupta, Advocate For the Opposite Party/s :

Mr.Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Bairiya P.S. Case no. 206 of 2024 instituted for the offence under Sections 272 and 273 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act.

3. The prosecution case is that altogether 12 liters of country made liquor was recovered from the bike. It is further alleged that there were two persons in the bike but they managed to escape. This petitioner is owner of the bike.

4. It has been submitted by the learned counsel for the petitioner that petitioner is innocent and has falsely been

Patna High Court CR. MISC. No.69047 of 2024(2) dt.18-10-2024 2/2 implicated in connection with the present case. It has been further submitted that he has given the bike to his cousin brother and he has no information regarding alleged seizure or recovery. The petitioner is having clean antecedent.

5. Learned APP appearing for the State opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Bairiya P.S. Case no. 206 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise- I, Bettiah, West Champaran, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Jagdish/- U T