Allowed

Dharmendra Vishwakarma v. The State of Bihar

Patna HC19 May 2023CR. MISC./30913/2023

Case brief

AI extract

What is this about?

In this criminal miscellaneous matter, the High Court of Patna granted anticipatory bail to the petitioner in connection with an excise case for recovery of liquor. The court directed the petitioner to surrender within six weeks if arrested or to fulfill bond conditions.

What did the court decide?

Petitioner released on bail on furnishing bonds of Rs. 1,000 each with two sureties if surrendered within six weeks or arrested.

Dharmendra Vishwakarma Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30913 of 2023

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Arising Out of PS. Case No.-14 Year-2023 Thana- UPHARA District- Aurangabad

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======================================================

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Dharmendra Vishwakarma Son Of Rajendra Vishwakarma @ Rajendra Mistree Resident Of Village - Hamidnagar, P.S.- Uphara, District - Aurangabad.

... ... Petitioner/S

Versus

The State Of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Kamlendra Pd. Singh For the Opposite Party/s : Ms.Meena Singh

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======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 19-05-2023

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act, 2018.

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The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 02 litre of liquor from a motorcycle and Surendra Vishwakarma and Bindu Yadav were arrested.

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The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that petitioner came to be implicated as he is owner of the

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Patna High Court CR. MISC. No.30913 of 2023(2) dt.19-05-2023 2/2

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vehicle. It is next submitted that no prudent person would use is own vehicle for committing a crime and thus, would create evidence against himself and hence, would get implicated. It is next submitted that petitioner was completely unaware that Surendra Vishwakarma would misuse his vehicle in the manner as alleged.

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Learned A.P.P. opposes the bail application.

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Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 1,000/- (Rupees One Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise-IInd, Aurangabad in connection with Uphara P. S. Case No.14 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

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The application stands allowed.

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(Satyavrat Verma, J)

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vikash/-

¶24

U T

Dharmendra Vishwakarma v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Dharmendra Vishwakarma v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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