Patna High Court
Dharmendra Rai @ Dharmendra Kumar vs The State Of Bihar on 25 January, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28066 of 2020
Arising Out of PS. Case No.-123 Year-2020 Thana- KATRA District- Muzaffarpur
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1. Dharmendra Rai @ Dharmendra Kumar, Gender-Male, aged about 22 years,
S/o Brahmadeo Rai @ Bramdev Rai,
2. Md. Soaib, aged about 25 years, S/o Late Moti Rahman,
Both resident of village- Nagwara, P.S.-Katra, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Dr. Alok Kumar Alok, Advocate
For the State : Mr. Md. Fahimuddin, APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 25-01-2021
Heard Dr. Alok Kumar Alok, learned counsel for the
petitioners and Mr. Md. Fahimuddin, learned Additional Public
Prosecutor (hereinafter referred to as the 'APP') for the State.
2. The petitioners apprehend arrest in connection with
Katra PS Case No.123 of 2020 dated 01.06.2020, instituted
under Sections 272, 273 of the Indian Penal Code and 30(a) of
the Bihar Prohibition and Excise Act, 2016 (hereinafter referred
to as the 'Act').
3. The allegation against the petitioners is that eight
cartons of liquor recovered from the orchard of one Nageshwar
Sah, when the police had gone, two persons were seen running
away and later on the name of the petitioners transpired as the
Patna High Court CR. MISC. No.28066 of 2020 dt.25-01-2021
persons who had run away.
4. Learned counsel for the petitioners submitted that
there is no evidence against the petitioners and only in the FIR
due to suspicion that the petitioners were the persons, who had
run away, they have been implicated. It was submitted that
neither there has been any recovery nor there is any connection
of the petitioners with the recovered liquor. Learned counsel
submitted that the petitioner no. 1 has no criminal antecedent
and the even against the petitioner no. 2, there is one case of
2015, and the same is under Sections 149, 341, 323 and 504 of
the Indian Penal Code and not under the Act.
5. Learned APP submitted that the petitioners were
among the persons who had run away and the liquor belonged to
them. However, he did not controvert that there is no disclosure
how the name of the petitioners was inserted in the FIR and who
recognized them.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, in
the event of arrest or surrender before the Court below within
six weeks from today, the petitioners be released on bail upon
furnishing bail bonds of Rs.25,000/- (twenty five thousand) each
with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.28066 of 2020 dt.25-01-2021
the Special Judge, Excise, Muzaffarpur, in Katra PS Case
No.123 of 2020, subject to the conditions laid down in Section
438(2) of the Code of Criminal Procedure, 1973, and further (i)
that one of the bailors shall be a close relative of the petitioners,
(ii) that the petitioners and the bailors shall execute bond with
regard to good behaviour of the petitioners, and (iii) that the
petitioners shall also give an undertaking to the Court that they
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 their bail bonds. The petitioners 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
their bail bonds.
7. The application stands disposed off in the
aforementioned terms.
(Ahsanuddin Amanullah, J)
J. Alam/-
AFR/NAFR
U
T
