Damodar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8442 of 2025 Arising Out of PS. Case No.-835 Year-2024 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Damodar Kumar, Son of Late Raghunandan Ray Resident of Village - Ismailpur, P.S.- Hajipur Sadar, District - Vaishali. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinod Pandey, Advocate For the Opposite Party/s :

Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 06-03-2025 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner is named in F.I.R. and apprehending his arrest in connection with Hajipur Sadar P.S. Case No. 835 of 2024, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The allegation against the petitioners is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 20 litres of IMFL/country made liquor from the place of occurrence.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.8442 of 2025(2) dt.06-03-2025 2/3 petitioner submitted that petitioner implicated with present case out of disclosure of apprehended co-accused person, namely, Bhola Kumar. It is submitted that out of neighbourhood acquaintance, petitioner provided his scooty bearing registration no. BR-31AV-9157 to apprehended coaccused person and it was misused for carrying illicit liquor which was not under the knowledge of petitioner. It is submitted that admittedly recovery of illicit liquor was not made from physical possession of this petitioner. It is submitted that petitioner found involved in three more criminal cases but not of same nature, where he is on bail.

5. Learned APP opposes the prayer of bail.

6. Considering the aforesaid facts and circumstances and by taking note of fact as alleged illicit liquor not appears to be recovered prima facie from physical possession of this petitioner, accordingly, above named petitioner, in the event of his arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like

Patna High Court CR. MISC. No.8442 of 2025(2) dt.06-03-2025 3/3 amount each to the satisfaction of the learned Exclusive Special Excise Court No. 1-cum-Additional District and Sessions Judge, Vaishali at Hajipur/concerned Court, where the case is pending in connection with Hajipur Sadar P.S. Case No. 835 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the BNSS. (Chandra Shekhar Jha, J) veena/- U T