Dilkhush Kumar @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25380 of 2025 Arising Out of PS. Case No.-233 Year-2024 Thana- Ramgarh Chowk District- Lakhisarai ====================================================== Dilkhush Kumar @ Chhotu S/o Ram Ratan Singh R/o Village- Nadiyawan, P.S.- Ramgarh Chowk, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-04-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Ramgarh chowk P.S. Case No. 233/2024 dated 27.12.2024 registered for the offences punishable u/s 37 and 30(a) of the Bihar Prohibition and Excise Act and Sections 115, 126(2), 76, 132, 121(1), 121(2), 122, 292, 352 and 351(2) of the B.N.S.

3. As per the prosecution case, total 1.5 litres of illicit foreign liquor was recovered from the possession of the petitioner and a motorcycle and cash were also recovered. Further, smell of alcohol was coming from the mouth of the petitioner, on being tested, 26mg/100 ml was found.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.25380 of 2025(2) dt.29-04-2025 2/2 this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has four antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 28.12.2024.

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

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to 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 learned Court concerned, Lakhisarai in connection with Ramgarh chowk P.S. Case No. 233/2024, with the condition:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T