Divesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4954 of 2025 Arising Out of PS. Case No.-274 Year-2024 Thana- DEWARIA District- Muzaffarpur ====================================================== Divesh Kumar S/O Suresh Ray Resident of village - Muja Bangara, P.s.- Deoria, Dist.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar For the Opposite Party/s :

Mr. Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-02-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Deoria P.S. Case No. 274 of 2024, registered for the offences punishable under Sections 274 and 275 of the Bhartiya Nyaya Sanhita, 2023 and section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case in brief is that total 171 litres of illicit foreign liquor was recovered from a car.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material is recovered from the possession of this petitioner. Petitioner is neither owner nor the driver of the seized car. Petitioner has one criminal antecedent in which he is on bail.

Patna High Court CR. MISC. No.4954 of 2025(2) dt.13-02-2025 2/2

5. Learned APP for the State has opposed the prayer for bail of the petitioner.

6. Considering the facts of the case, in the event of arrest/surrender within eight weeks from today, let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise, Court No. II, Muzaffarpur in connection with Deoria P.S, Case No. 274 of 2024, subject to the conditions laid down under section 482 (2) of B.N.S.S. 2023.

(Prabhat Kumar Singh, J) Ranjeet/- U T