Patna High CourtCR. MISC./55770/2018bail granted

Dharmendra Kumar Tudoo @ Dhamendra Kumar Tudoo v. The State Of Bihar

2018-09-07Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55770 of 2018 Arising Out of PS. Case No.-113 Year-2018 Thana- GWALPARA District- Madhepura ====================================================== DHARMENDRA KUMAR TUDOO @ DHAMENDRA KUMAR TUDOO S/o Sri Chandeshwar Tudu, resident of Village- Baliya Santhali Tola, P.S.- Basnahi, District- Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Thakur For the Opposite Party/s :

Mr. Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 279, 427 of the Indian Penal Code and 37(b) of the Bihar Prohibition and Excise Act, 2016. Prosecution case, in short, is that the accused person was caught in drunken state.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.7.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is said to be driving the tractor in a drunken state. There is no recovery of liquor from the possession of the petitioner. The petitioner has

Patna High Court Cr.Misc. No.55770 of 2018(2) dt.07-09-2018 2/2 been accused due to mistake of fact.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/complaint case. Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-II-cum- Special Judge, Madhepura in connection with Gwalpara P.S. Case No. 113 of 2018.

(Sudhir Singh, J) Pankaj/- U T