Dharmendra Kumar @ Bablu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74875 of 2019 Arising Out of PS. Case No.-206 Year-2019 Thana- HASANPUR District- Samastipur ====================================================== 1.

DHARMENDRA KUMAR @ BABLU KUMAR Son of Garib Yadav Resident of Village - Ballahpur, P.S.- Hasanpur, Distt - Samastipur. 2.

Surendra Kumar Sada @ Surendra Kumar Son of Oppi Sada Resident of Village - Ballahpur, P.S.- Hasanpur, Distt - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar Yadav For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-11-2019 Heard learned counsel for the parties.

Petitioners who are in custody seeks bail in a case registered for the offence punishable under Section 30(A) of the Bihar Prohibition and Excise Act, 2016 and 25(1-B)a, 26/35 of the Arms Act.

Informant who is a police officer has alleged in his written report that he received secret information that a consignment of illicit liquor is being unloaded in the house of co-accused Sanjeev Kumar and are being stored in the house and upon receiving such information the house of Sanjeev Kumar was raided then all petitioners along with FIR named

Patna High Court CR. MISC. No.74875 of 2019(2) dt.29-11-2019 2/3 accused who were arranging the bottles of illicit liquor seeing the police personnel tried to feel away but were apprehended by the police.

It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this case on suspicion. Nothing has been recovered from the possession of the petitioners. Petitioners have got no criminal antecedent and are in custody since 03.10.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Hasanpur P.S. Case No. 206 of 2019, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the petitioners tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

Patna High Court CR. MISC. No.74875 of 2019(2) dt.29-11-2019 3/3 (4). If the petitioners are found involved in similar nature of offence, after their release on bail, the trial court shall take steps to cancel their bail bonds. (S. Kumar, J) ranjan/- U