Dharmendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79900 of 2019 Arising Out of PS. Case No.-222 Year-2019 Thana- CHHATAUNI District- East Champaran ====================================================== DHARMENDRA SINGH, aged about 35 years (Male), S/O Laxmi Singh, R/O Vill Bakarihari P.S. Dhaka, Dist East Champaran. At present r/o Mohalla Chhatauni Bazar Mathia, P.S. Chhatauni District East Champaran. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Dhannjay Kumar No. 2, Advocate.

For the Opposite Party :

Mrs.Renuka Ratnakar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-12-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 270, 272, 279, 337, 338/34 of the IPC and 37(b)(c), 30(a) of the Bihar Prohibition and Excise Act, 2016. Later on, Sections 32,35, 38, 41(i) and 48 of the Bihar Prohibition and Excise Act, 2016 were also added. The prosecution story, in brief, is that the police stopped one Tempo which got accident in which Sonu Patel sustained injury. The injured was admitted in the Hospital. The police recovered 173.4 liters wine from the said Tempo. The police arrested Ranjit Dhangar and Jitendra Patel. They disclosed that the said Tempo belongs to the wife of the

Patna High Court CR. MISC. No.79900 of 2019(2) dt.09-12-2019 2/2 petitioner.

It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 20.09.2019. The petitioner has got no criminal antecedent. Charge sheet/prosecution report has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. 173.4 liters wine is said to have been recovered from the Tempo of wife of the petitioner. There is no compliance of Section 100 Cr. P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 9th Additional Sessions Judge-cum-Special Judge, Excise Act, East Champaran, Motihari, in connection with Chhatauni P.S. Case No. 222 of 2019.

(Sudhir Singh, J) U.K./- U T