Dharmendra Rai @ Dharmendra Kumar And Anr vs State Of Bihar

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.

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’).

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 persons who had run away.

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.

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.

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 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.

The application stands disposed off in the aforementioned terms.