Patna High CourtCR. MISC./23815/2025bail granted

Dharmendra Kumar Sah v. The State Of Bihar

2025-04-17Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23815 of 2025 Arising Out of PS. Case No.-60 Year-2025 Thana- Excise P.S. District- Madhubani ====================================================== Dharmendra Kumar Sah S/o Sutu Sah Resident of Village- Brahampura, Sakri, Police Station- Sakri, Distt.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-04-2025 Heard Mr. Bhavesh Kumar Sah, learned counsel for the petitioner and Mr. Choubey Jawahar, learned APP for the State.

2. The petitioner seeks bail in connection with Sadar Excise P.S. Case No. 60 of 2025, instituted for the offences punishable under Sections 30(a) and 34(b) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 418 liters of cough syrup was recovered from the house of the petitioner and the petitioner was apprehended on spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from

Patna High Court CR. MISC. No.23815 of 2025(2) dt.17-04-2025 2/3 the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of cough syrup. Learned counsel for the petitioner also submits that the alleged recovery has been made from the joint house of the petitioner where other family members also reside. The petitioner is in custody since 20.02.2025 and has got no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sadar Excise P.S. Case No. 60 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.23815 of 2025(2) dt.17-04-2025 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T