Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8025 of 2025 Arising Out of PS. Case No.-2696 Year-2024 Thana- Excise P.S. District- Patna ====================================================== 1.

Dhiraj Kumar Son Of Om Prakash Ravidas Resident Of Village-Bahadurpur, Kachhuara, Police Station-Bahadurpur, Dist-Patna 2.

Pintu Kumar Son Of Late Bhola Ravidas @ Late Bhola Das Resident Of Village-Bahadurpur, Kachhuara, Police Station-Bahadurpur, Dist-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-04-2025 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Excise (Prohibition) PS Case No. 2696 of 2024 instituted for the offences under Sections 30(a), 32 & 56(b) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that 164.16 liters Indian made foreign liquor was recovered from two cars. 4.

Learned counsel for the petitioners submits 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

Patna High Court CR. MISC. No.8025 of 2025(3) dt.11-04-2025 2/2 got no concern with the alleged recovery of liquor. It is submitted that petitioners are drivers of the respective cars and they were oblivious of the fact that illicit liquor was laden in the vehicle. The petitioners are in custody since 26-11-2024. Petitioner No.1 bears no criminal antecedent whereas petitioner No.2 bears one criminal antecedent. There is no compliance of Section 103 of the BNSS, 2023.

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 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 (Prohibition) PS Case No. 2696 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T