Dhiraj Kumar @ Dauzer v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25554 of 2025 Arising Out of PS. Case No.-102 Year-2025 Thana- Excise P.S. District- Sheikhpura ====================================================== 1.

Dhiraj Kumar @ Dauzer S/O Yogendra Bind, R/O Village- Kusumbha halt, P.S- Kusumbha, Distt.- Sheikhpura.

2.

Bambam Bind S/O Ramesh Bind @ Ramesh Vind, R/O Village- Kusumbha halt, P.S- Kusumbha, Distt.- Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kusum Rani, Advocate For the Opposite Party/s :

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-04-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Sheikhpura P.S Case No. 102 of 2025 dated 04.03.2025 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 31.800 litres of illicit country made liquor was recovered from near the boring of Ganauri Bind in Kusumba village.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been

Patna High Court CR. MISC. No.25554 of 2025(2) dt.29-04-2025 2/2 implicated in this case. Nothing has been recovered from the possession of the petitioners and there was non-compliance with mandatory procedure prescribed for recovery under Section 100 of Cr.P.C. / Section 103 of BNSS, 2023. The petitioners have clean antecedent as stated in paragraph no. 3 of the bail petition. The petitioners are in custody since 04.03.2025

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

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners, above-named, are directed to be enlarged on bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge, Sheikhpura, in connection with Sheikhpura P.S Case No. 102 of 2025.

7. The application stands allowed.

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