Dilip Kumar @ Dilip Kumar Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3682 of 2025 Arising Out of PS. Case No.-270 Year-2024 Thana- EXCISE ARERAJ District- East Champaran ====================================================== 1.
Dilip Kumar @ Dilip Kumar Ram S/o- Sarjug Ram @ Saryug Ram @ Saryug Mahara Resident of village- Jalaha PS- Sangrampur District-East Champaran 2.
Sangam Kumar S/o- Kailash Ram Resident of village- Jalaha PSSangrampur District-East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shanti Bhushan Singh, Advocate For the Opposite Party/s :
Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-01-2025 Heard learned counsel for the petitioners and learned APP for the State.
2.
The petitioners seek bail in connection with Excise (Areraj) PS Case No. 270 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.
The prosecution case, in short, is that total 159 litres of country made liquor was recovered from motorcycle. 4.
Learned counsel for the petitioners submit that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is
Patna High Court CR. MISC. No.3682 of 2025(2) dt.29-01-2025 2/2 submitted that motorcycle in question does not belong to the petitioners. The petitioners are in custody since 12.11.2024 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.
5.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 6.
Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioners and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.
7.
Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise (Areraj) PS Case No. 270 of 2024.
(Rudra Prakash Mishra, J) Raj Ranjan/- U T