Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75115 of 2019 Arising Out of PS. Case No.-95 Year-2019 Thana- MOKAMA RAIL P.S. District- Patna ====================================================== DHARMENDRA KUMAR Son of Jugal Choudhary Resident of VillageJamunichak, P.S.- Barh, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Awadhesh Kumar For the Opposite Party/s :

Ms.Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 25-11-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Rail Mokama P.S. Case No. 95 of 2019, Special Case No. 8610 of 2019, instituted for the offence under Section 30(a) of the Bihar Excise Act 2018. Claiming parity with co-accused persons, having similar allegation, the petitioner's counsel submits that he too should be allowed the benefit of bail. It is submitted that the petitioner is innocent and has been falsely implicated in this case and that the seizure is not in accordance with law.

The petitioner is having no criminal antecedents and is in custody since 25.09.2019. The other co-accused person has been allowed bail under order dated 25.11.2019, passed in Cr. Misc. No. 73762 of 2019.

Patna High Court CR. MISC. No.75115 of 2019(2) dt.25-11-2019 2/2 Learned APP for the State opposed the prayer for bail. For the limited purpose of grant of bail this Court is inclined to accept the submission of counsel for the petitioner. Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise, Patna, in connection with Rail Mokama P.S. Case No. 95 of 2019, Special Case No. 8610 of 2019, 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 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