Allowed

Dharmendra Ray @ Dharmendra Kumar Bhagwan v. The State of Bihar

Patna HC19 Jun 2023CR. MISC./3148/2023

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition for bail in a case concerning alleged sale of spurious liquor leading to four deaths, the High Court granted regular bail to the petitioner on furnishing a bond of Rs.10,000 with two sureties.

What did the court decide?

The petitioner was directed to be released on bail on furnishing a bail bond of Rs.10,000 with two sureties of the like amount each.

Dharmendra Ray @ Dharmendra Kumar Bhagwan Vs The State of Bihar — Cheque Dishonour | Patna HC (2023)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3148 of 2023

¶2

Arising Out of PS. Case No.-418 Year-2021 Thana- PATORI District- Samastipur

¶3

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

¶4

DHARMENDRA RAY @ DHARMENDRA KUMAR BHAGWAN S/o Late Haru Rai Resident Of Village- Bhagwanpur Chakseema, P.S.- Shahpur Patori, District- Samastipur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. Anand Kishore Choudhary ======================================================

¶9

CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER

¶10

3 19-06-2023

¶11

Heard learned counsel for the petitioner and learned

¶12

APP for the State.

¶13

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 272, 273, 307, 328, 302, 120B/34 of the Indian Penal Code and Section 30(a), 33, 34, 36 of the Bihar Prohibition and Excise (Amendment) Act.

¶14

According to FIR, the allegation against the petitioner is to sell/purchase spurious liquor, after consumption of which four persons died.

¶15

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. During course of investigation, one Yaduvannsh Rai stated that the he along with

¶16

Patna High Court CR. MISC. No.3148 of 2023(3) dt.19-06-2023 2/3

¶17

co-villager Deepak Singh consumed the liquor which was purchased from this petitioner thereafter, they became sick and due to which the name of the petitioner surfaced in this case. It is further submitted that there is no recovery of illicit spurious liquor from conscious possession of the petitioner whereas the charge-sheet has been submitted without obtaining any chemical or forensic report. The petitioner has no concern with the alleged offence. Moreover, similarly situated co-accused namely, Sakal Sahni has already been granted bail by a coordinate Bench of this Court vide order dated 8.8.2022 passed in Cr. Misc. No. 29260 of 2022 and in support of this Annexure-2 has been annexed with this petition. It is further submitted that the petitioner is languishing in judicial custody since 25.11.2022.

¶18

Learned APP appearing for the state has opposed the prayer of regular bail.

¶19

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Shahpur Patory P.S. Case No. 418 of 2021 on furnishing bail bond of Rs.10,000/- (ten

¶20

Patna High Court CR. MISC. No.3148 of 2023(3) dt.19-06-2023 3/3

¶21

thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise)-02, Samastipur, District- Samastipur.

¶22

(Sunil Kumar Panwar, J)

¶23

Amandeep/-

¶24

U T

Dharmendra Ray @ Dharmendra Kumar Bhagwan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Dharmendra Ray @ Dharmendra Kumar Bhagwan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Namo Narayan Choubey Vs The State of Bihar

Vikash Singh @ Vikash Kumar Singh Vs The State of Bihar

Md. Jamshair @ Sugla Vs The State of Bihar

Asif Ahmad @ Asif Mahmood @ Arif @ Diamond Vs the State of Bihar

Anand Pathak @ Shrestha Narayan Pathak Vs The State of Bihar

Neeraj Keshri Vs the State of Bihar