This is an oral order granting anticipatory bail to the petitioner. The court released the petitioner subject to depositing a sum and furnishing a bond with sureties and specific conditions.
Release of petitioner on bail of Rs.25,000 with two sureties after deposit of Rs.10,000, subject to conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10760 of 2023
Arising Out of PS. Case No.-231 Year-2022 Thana- SASARAM NAGAR District- Rohtas
======================================================
Govind Dhirkar Son Of Late Shyam Lal Dhirkar @ Shyamlal Kol R/VTarachandi, P.S- Darigaon (O.P) Dist- Rohtas Sararam
... ... Petitioner/s
Versus
The State of Bihar
| =================== | ... ... Opposite Party/s =================================== |
|---|---|
| Appearance : | |
| For the Petitioner/s : |
Mr.Deovind Kumar Singh |
| For the Opposite Party/s : =================== |
Mr.Nand Kumar =================================== |
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable Section 30 (a) of the Bihar Prohibition and Excise Amendment Act, 2018.
It is submitted by learned counsel for the petitioner
that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 60 liters of country made liquor is said to have been recovered from the place of occurrence. Petitioner has no concern either with the seized liquor or the place of recovery or any trade of liquor. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has been falsely implicated in this case at the instance of his enemy. Petitioner is not the owner of the said motorcycle. Petitioner
Patna High Court CR. MISC. No.10760 of 2023(2) dt.24-04-2023 2/3
has no criminal antecedent as mentioned in para-3 of this application.
Petitioner is agreed to deposit a sum of Rs.10,000.00 (Rupees Ten Thousand) in the account of Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836, IFSC Code: PUNB141320, Punjab National Bank, Bar Council Branch, Patna.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Sasaram Nagar (Darigoan) P.S. Case No. 231 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C, subject to the further conditions that
(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.
(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.
The bail bond of the petitioner shall be accepted by
Patna High Court CR. MISC. No.10760 of 2023(2) dt.24-04-2023 3/3
the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Patna High Court Legal Services Committee, Patna.
(Anjani Kumar Sharan, J)
devendra/-
U T
1 issue framed by the court
Whether the petitioner ought to be released on bail in an anticipatory bail application involving offences under the Bihar Prohibition and Excise Amendment Act.
2 provisions across 2 enactments
Govind Dhirkar
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
