Dharmendra Kumar @ Dharmendra Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 72736 of 2023 Arising Out of PS. Case No.-481 Year-2023 Thana- DAUDNAGAR District- Aurangabad ====================================================== Dharmendra Kumar @ Dharmendra Choudhary S/O Jagruk Choudhary R/O Village- Baluganj, P.S- Daudnagar, Distt.- Aurangabad. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Tej Narayan Singh, Advocate For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 09-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Daudnagar P.S. Case No. 481 of 2023 dated 10.08.2023, instituted for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act 2018.

3. The allegation is of recovery of 07 litres illicit liquor from bush situated near the Panchayat Bhawan.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that petitioner has not been apprehended at the spot and only on the basis of suspicion and at the disclosure of the villagers, the petitioner has been made accused in this case. Lastly, it has been submitted that the

Patna High Court CR. MISC. No. 72736 of 2023(2) dt.09-11-2023 2/3 petitioner has one criminal case against him.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Daudnagar P.S. Case No. 481 of 2023, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise II, Aurangabad, Bihar, subject to condition as laid down under Section 438(2) of the Cr.P.C. as also to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.

3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present

Patna High Court CR. MISC. No. 72736 of 2023(2) dt.09-11-2023 3/3 case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.

4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Khatim Reza, J) sankalp/- U