Dharmendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2189 of 2025 Arising Out of PS. Case No.-877 Year-2024 Thana- SONEPUR District- Saran ====================================================== Dharmendra Kumar, Son of Nagina Ray Resident of Village - Sabalpur Pachiyari Tola (Sabalpur Nawal Tola), P.S. - Sonepur, District - Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vasant Vikas For the Opposite Party/s :
Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-02-2025
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in a case registered for the offences punishable under Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that the petitioner is in custody since 17.12.2024 and has antecedent of two cases and allegation is of recovery of 535.6 litres of liquor from a Mahindra Car, 501.12 litres of liquor from another Mahendra vehicle and 172.08 litres of liquor from a hut.
4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and is not the owner of any of the seized vehicle, nor the hut belongs to him and he came to be implicated at the instance of local Chaukidar with
Patna High Court CR. MISC. No.2189 of 2025(2) dt.28-02-2025 2/2 whom he is on an inimical term. It is also submitted that it absolutely does not stand to reason that if Chaukidar was aware of the involvement of the petitioner in the occurrence, then why he did not inform the police prior to institution of the present F.I.R.
5. Learned A.P.P. opposes the bail application.
6. Considering the submissions made by the learned counsel appearing on behalf of the petitioner, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-II, Saran at Chapra in connection with Sonepur P. S. Case No.877 of 2024.
7. The application stands allowed.
(Satyavrat Verma, J) vikash/- U T