Dharmendra Kumar @ D.K. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 81649 of 2019 Arising Out of PS. Case No.-124 Year-2017 Thana- PIRO District- Bhojpur ====================================================== DHARMENDRA KUMAR @ D.K. Son of Kanahiya Sao Resident of Village- Piro, P.S.- Piro, District- Bhojpur, ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-12-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Excise Case No. 1171 of 2017 arising out of Piro (Hasan Bazar) P.S. Case No. 124 of 2017 registered for the offence punishable under Sections 30(a) and 56(D) of the Bihar Prohibition and Excise Act, 2016.

The allegation is regarding the police having intercepted a car and pick-up van coming from Jharkhand and huge quantity of illicit liquor was recovered, whereafter the co-accused person, namely, Praful Singh is stated to have taken the name of the petitioner as the person to whom he used to supply illicit liquor. The learned counsel for the petitioner has submitted that neither any recovery has been made from the possession of the

Patna High Court CR. MISC. No. 81649 of 2019(3) dt.16-12-2019 2/2 petitioner nor from his house and he has been illegally implicated in the present case on the basis of the confessional statement of the co-accused person, namely, Praful Singh, hence, the provisions of the Bihar Prohibition and Excise Act, 2016 are not attracted. It is further submitted that the petitioner is having a clean antecedent.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 4th Additional District and Sessions Judge cum Special Judge, Excise Act, Bhojpur at ARa in connection with Excise Case No. 1171 of 2017 arising out of Piro (Hasan Bazar) P.S. Case No. 124 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) ajay gupta/- U T