Dheeraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85354 of 2019 Arising Out of PS. Case No.-435 Year-2016 Thana- SONEPUR District- Saran ====================================================== Dheeraj Kumar, S/o Mohan Lal, R/o H. No. 1687, Ward No.27, Sector 16-17, P.S.- Civil Line, Dist- Hisar, Haryana.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Kamleshwar Pandey, Advocate For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 09-01-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with Sonepur P.S. Case No. 435 of 2016 registered for the offences punishable under Sections 272, 273, 420 and 120(B) of the Indian Penal Code and Section 30(a), 38 and 41 of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Learned counsel submits that the petitioner is not named in the FIR and his name has transpired in the confessional statement of the co-accused.

Learned A.P.P. for the State has opposed the prayer for bail.

Patna High Court CR. MISC. No.85354 of 2019(2) dt.09-01-2020 2/3 Considering the facts and circumstances of the case, wherein it is the submission of learned counsel for the petitioner that he is one of the partners of J.V. Singh and Co.

which is a registered firm engaged in wholesale business of liquor in the the State of Haryana where there is no bar on the sale of liquour and further submission that the petitioner has nothing to do with the co-accused Rabindra Kumar on whose confessional statement saying that the illicit liquor belongs to the co-accused Bindar Singh and his relative Rana Singh, this petitioner has been involved in the present case and further submission that the petitioner has remained in custody for more than three months by now, the investigation is complete and chargesheet filed, let the petitioner above named be released on bail in connection with Sonepur P.S. Case No. 435 of 2016 on furnishing of bail bond of Rs.

15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Saran at Chapra, subject to the condition as laid down under Section 437 (3) Cr.P.C.

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence

Patna High Court CR. MISC. No.85354 of 2019(2) dt.09-01-2020 3/3 similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) arvind/vats U T