Dharmdev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74954 of 2024 Arising Out of PS. Case No.-712 Year-2024 Thana- SASARAM NAGAR District- Rohtas ====================================================== DHARMDEV KUMAR SON OF JAGDEESH RAM RESIDENT OF MOHALLA - DALELGANJ, P.S. - SASARAM TOWN, DISTRICT - ROHTAS, BIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Kumar Singh, Advocate For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-11-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Sasaram (T) P.S. Case no. 712 of 2024, registered under section 30(a) of the Bihar Prohibition & Excise Act, 2016.

3. As per the prosecution case, on being signalled to stop, it is stated that the accused abandoned his motorcycle and escaped. 35 litres of country liquor was recovered.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case only because of his antecedent. No incriminating article was recovered from his possession or from his motorcycle. The cause of his false implication is his being the registered owner of the motorcycle

Patna High Court CR. MISC. No.74954 of 2024(2) dt.13-11-2024 2/2 in question. In fact the motorcycle was parked by the road side when the petitioner has been implicated in the case. The petitioner undertakes to cooperate in the trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the F.I.R and the petitioner not having been arrested at the spot, it is directed that the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Sasaram (T) P.S. Case no. 712 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court no.-2-cum-Additional District & Sessions Judge, Rohtas at Sasaram. (Partha Sarthy, J) Shiv/- U T