Dharmendra Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14272 of 2025 Arising Out of PS. Case No.-117 Year-2025 Thana- MAHUA District- Vaishali ====================================================== Dharmendra Kumar Rai, (Male), aged about 22 years, S/O Rajendra Rai @ Rajendra Ray, Resident of Village- Mayil Pakri, P.S- Bidupur, DistrictVaishali. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ram Shankar Prasad, Advocate For the Opposite Party :

Mr. Satyendra Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-03-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Mahua P.S. Case No. 117 of 2025 dated 23.01.2025 registered for the offences punishable under Section 317 (5) of the B.N.S., 2023 and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution case, total 70 litres of country made liquor is said to have been recovered from the motorcycle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. It is further submitted that the motorcycle in question does not belong to the petitioner. No incriminating

Patna High Court CR. MISC. No.14272 of 2025(2) dt.27-03-2025 2/2 article has been recovered from his possession. There is no statutory compliance of Section 103 of the B.N.S.S. The petitioner has two criminal antecedents in which he is on bail as stated in paragraph no. 3 of the bail application. The petitioner is in custody in this case since 24.01.2025.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well the period of custody, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge-II-cum-Additional Sessions Judge, Hajipur, Vaishali in connection with Mahua P.S. Case No. 117 of 2025.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T