Patna High CourtCR. MISC./2659/2025bail granted

Dablu Kumar v. The State Of Bihar

2025-05-01Justice Smt. Soni Shrivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2659 of 2025 Arising Out of PS. Case No.-1043 Year-2024 Thana- SAHARSA SADAR District- Saharsa ====================================================== Dablu kumar S/o Varun Yadav Resident of village- Chaksapiya, P.S.- Rajoun, District- Banka ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sudhir Kumar Mishra For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 01-05-2025

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

2. The petitioner apprehends his arrest in connection with Saharsa Sadar P.S. Case no.1043 of 2024 registered under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, on seeing the police party, the accused managed to escape. On search, 379.125 liters of foreign liquor were recovered from a Pickup Van bearing Registration No. BR51G9888.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case only for the reason that he happens to be the owner of the said vehicle. He has no concern with the alleged liquor. There was no independent

Patna High Court CR. MISC. No.2659 of 2025(3) dt.01-05-2025 2/3 witness to the seizure list and no recovery has been made from physical or conscious possession of the petitioner. The petitioner has criminal antecedent. He undertakes to cooperate in the case/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. At this stage, the petitioner is agreed to deposit a sum of Rs. 5,000/- in Mahavir Cancer Sansthan, Patna, bearing Account No. 3332964762, IFSC Code: CBIN0282779, Central Bank of India, Chitkohra Branch, Patna.

7. Considering the entire facts and circumstances of the case, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Saharsa Sadar P.S. Case no.1043 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise-II, Saharsa, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023.

8. The bail bond of the petitioner shall be accepted

Patna High Court CR. MISC. No.2659 of 2025(3) dt.01-05-2025 3/3 by the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Mahavir Cancer Sansthan, Patna.

(Soni Shrivastava, J) harsh/- U T