Patna High CourtCR. MISC./78488/2019bail granted

Dharmendra Rai v. The State Of Bihar

2019-12-03Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78488 of 2019 Arising Out of PS. Case No.-708 Year-2019 Thana- KADAMKUAN DistrictPatna ====================================================== DHARMENDRA RAI Son of Binda Rai R/O - Sabalpur, P.S.- Nadi, DistrictPatna ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Ram Jiban Pd. Singh, Advocate.

For the Opposite Party:

Mrs. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 30.10.2019 in connection with Kadamkuan P.S. Case No. 708 of 2019, Special Case No. 9676 of 2019 for the offences alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of about 81 litres of foreign liquor from a tempo. It is submitted that nothing has been recovered from the conscious possession of the petitioner who claims clean antecedents.

4. Be that as it may and having regard to the period of custody already suffered since 30.10.2019, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Kadamkuan P.S. Case No. 708 of 2019, Special Case No. 9676 of 2019, on the following conditions-

Patna High Court CR. MISC. No.78488 of 2019(2) dt.03-12-2019 2/2 (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T