Dharmendra Kumar Bin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84582 of 2019 Arising Out of PS. Case No.-113 Year-2019 Thana- JADOPUR District- Gopalganj ====================================================== 1.

DHARMENDRA KUMAR BIN Son of Mohit Mukhiya Bin @ Mohit Bin Resident of Village- Sher, P.S.- Sidhwaliya, District- Gopalganj. 2.

Shivchandra Rai S/o Satrudhan Rai Resident of Village- Sher, P.S.- Sidhwaliya, District- Gopalganj.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 19-12-2019 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners, who are in custody seeks bail in a case registered under Sections 414, 34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2018. Allegation is recovery of 26.28 litres of illicit liquor from the motorcycle.

It has been submitted on behalf of petitioners that petitioners are innocent and have been falsely implicated in this case merely on suspicion. Nothing has been recovered from their possession. Petitioners have no concern with the seized motorcycle and liquor. Petitioners have no criminal antecedents

Patna High Court CR. MISC. No.84582 of 2019(2) dt.19-12-2019 2/2 and are in custody since 31.10.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court below, in connection with Yadopur P.S. Case No. 113 of 2019 subject to the conditions that:-

(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 represented on each and every date fixed by the court.

(3) If the petitioners tamper 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.

(4) If the petitioners are found involved in similar nature of offences, after their release on bail the trial court shall take steps to cancel their bail bonds.

(S. Kumar, J) veena/- U T