Dharmendra Rai @ Vhim @ Bhim @ ... vs The State Of Bihar
2021 Latest Caselaw 1135 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
                CRIMINAL MISCELLANEOUS No.16956 of 2020
        Arising Out of PS. Case No.-305 Year-2019 Thana- SARAI District- Vaishali
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Dharmendra Rai @ Vhim @ Bhim @ Dhramendra Kumar, aged about 27 years (Male), S/o Suresh Rai, Resident of Village-Madhopur Ram, P.S-Sarai, District-Vaishali.

... ... Petitioner/s Versus The State of Bihar

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

For the Petitioner/s : Mr. Ramakant Sharma, Sr. Advocate with Mr. Ashok Kumar Jha, Advocate For the State : Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 24-02-2021

Heard Mr. Ramakant Sharma, learned senior counsel

along with Mr. Ashok Kumar Jha, learned counsel for the

petitioner and Ms. Anita Kumari Singh, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

2. The petitioner is in custody in connection with Sarai

PS Case No. 305 of 2019 dated 26.08.2019, instituted under

Sections 30(a)/35(a) of the Bihar Prohibition and Excise Act,

2016.

3. This is the second attempt for bail by the petitioner as

earlier such prayer was rejected by order dated 19.12.2019 in

Cr. Misc. No. 79692 of 2019.

Patna High Court CR. MISC. No.16956 of 2020 dt.24-02-2021

4. The allegation against the petitioner is that 883 litres

of foreign made liquor which was recovered from the Tata

Magic vehicle of another co-accused and the petitioner along

with the said co-accused were involved in the trade of illicit

liquor.

5. Learned counsel for the petitioner submitted that he is

in custody since 25.09.2019 and as per the allegation he has

been made accused without anything having been recovered

from him and he has no link with the recovered article.

6. Learned APP submitted that the person who was

caught with liquor has stated that the petitioner was also in the

business of liquor.

7. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, let the

petitioner be released on bail upon furnishing bail bonds of Rs.

25,000/- (twenty five thousand) with two sureties of the like

amount each to the satisfaction of the learned Additional

Sessions Judge-II-cum-Excise Court, Vaishali at Hajipur in

Sarai PS Case No. 305 of 2019, subject to the conditions (i) that

one of the bailors shall be a close relative of the petitioner, (ii)

that the petitioner and the bailors shall execute bond with regard

to good behaviour of the petitioner, and (iii) that the petitioner Patna High Court CR. MISC. No.16956 of 2020 dt.24-02-2021

shall also give an undertaking to the Court that he shall not

indulge in any illegal/criminal activity, act in violation of any

law/statutory provisions, tamper with the evidence or influence

the witnesses. Any violation of the terms and conditions of the

bonds or the undertaking shall lead to cancellation of his bail

bonds. The petitioner shall cooperate in the case and be present

before the Court on each and every date. Failure to cooperate or

being absent on two consecutive dates, without sufficient cause,

shall also lead to cancellation of his bail bonds.

8. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T