Dinanath Pandit @ Tilhwa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14368 of 2025 Arising Out of PS. Case No.-704 Year-2024 Thana- NAUBATPUR District- Patna ====================================================== Dinanath Pandit @ Tilhwa S/O Shiv Shanker Pandit R/O Village- Naubatpur, Kumhar Toli, P.S- Naubatpur, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Kumar, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-03-2025

1. Heard learned counsel for the parties.

2. The petitioner in this application prays for bail apprehending his arrest in connection with Naubatpur P.S. Case no.704 of 2024 registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, the informant states that on information having been received about the petitioner being involved in the sale of liquor, a raid was conducted. Seeing the police personnel, the accused abandoning the plastic container that he was carrying, managed to escape. The accused who managed to escape was identified as the petitioner herein. It is further stated that the plastic container thrown away by him was searched and 4 litres of country liquor was recovered from the same.

Patna High Court CR. MISC. No.14368 of 2025(2) dt.28-03-2025 2/2

4. Learned counsel for the petitioner submits that no incriminating article has been recovered from the petitioner's possession who has been falsely implicated in the case. He has no criminal antecedent and undertakes to cooperate in the case/trial.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the FIR, no incriminating article having been recovered from his possession and specially the petitioner not having any antecedent under the Bihar Prohibition and Excise Act, 2016, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Naubatpur P.S. Case no.704 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Excise Judge, Danapur, District Patna. (Partha Sarthy, J) Saurabh/- U T