Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69270 of 2019 Arising Out of PS. Case No.-226 Year-2018 Thana- AAJAM NAGAR District- Katihar ====================================================== DHARMENDRA KUMAR S/o Ram Chandra Singh Resident of VillageUdmarekha, P.S.- Muffasil, District- Katihar. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Mukesh Kumar Jha For the Opposite Party :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 20-11-2019 Heard learned counsel for the petitioner and the learned APP for State.

Petitioner apprehend his arrest in connection with Azamnagar P.S. Case No. 226 of 2018 instituted for the offence under Section(s) 30 (a) read with Section 13 of Bihar Prohibition and Excise Act.

As per allegations made in the FIR itself, two other persons, namely, Kunal Chaudhary and Md. Wahid were actually driving the motorcycle from which 8.040 liters of foreign liquor has been recovered . There is no recovery of any liquor from possession of petitioner. Therefore, it is submitted that no offence under the Prohibition and Excise Act is made

Patna High Court CR. MISC. No.69270 of 2019(2) dt.20-11-2019 2/3 out against the petitioner. Merely because the motor cycle was standing in the petitioner's name, he has been implicated in this case falsely.

The petitioner has no criminal antecedents as per averments made in para 3 of the petition.

Considering the aforesaid facts, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner before the court below, named above, within four (04) weeks from today, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-II -cum-Special Judge (Excise Act) Katihar, in connection with Azamnagar P.S. Case No. 226 of 2018, subject to the conditions as laid down under Section 438(2) Cr. P.C. subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each

Patna High Court CR. MISC. No.69270 of 2019(2) dt.20-11-2019 3/3 date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T