Dharmendra Kumar@ Dharmendra Paswan @ Bhuar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81516 of 2024 Arising Out of PS. Case No.-106 Year-2024 Thana- TILAUTHU District- Rohtas ====================================================== Dharmendra Kumar@ Dharmendra Paswan @ Bhuar Paswan, (Male), aged about 26 years, Son of Dudhnath Paswan, @ Mahendra Paswan, Resident of Village- Uttar patti Tilauthu, Police Station- Tilauthu, District- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashi Kant, Advocate For the Opposite Party/s :

Ms. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Tilauthu PS Case No. 106 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 70 litres of country made liquor was recovered from the motorcycle. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that petitioner's name surfaced on the basis of confessional statement of co-accused. The motorcycle in question does not

Patna High Court CR. MISC. No.81516 of 2024(2) dt.02-12-2024 2/2 belong to the petitioner. The petitioner is in custody since 26.06.2024 and has got nine criminal antecedents. There is no compliance of Section 103 of B.N.S.S.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Tilauthu PS Case No. 106 of 2024, subject to the following conditions: (I) One of the bail ors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T