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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73213 of 2023 Arising Out of PS. Case No.-336 Year-2020 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Dharmendra Rai @ Dharmendra Kumar Yadav Son Of Ramesh Ray @ Ramesh Prasad Yadav Resident Of Village - Naini, Pashchim Tola, P.S. - Chapra Mufassil, District - Saran At Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewendra Narayan Singh For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 30(a), 38, 41(i) of the Bihar Prohibition & Excise Act.

There is recovery of 1409.880 litres of illicit Indian made foreign liquor from a Community Hall. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The

Patna High Court CR. MISC. No.73213 of 2023(2) dt.28-11-2023 2/2 petitioner has no concern either with the place of seizure or the illicit liquor. The petitioner is languishing in custody since 01.09.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II-cum 1st Exclusive Special Judge, Excise, Saran at Chapra in connection with Chapra Muffassil P.S. Case No. 336 of 2020.

(Sunil Kumar Panwar, J) Shageer/- U T