Dharmanand v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38493 of 2024 Arising Out of PS. Case No.-86 Year-2024 Thana- Excise P.S. District- Bhojpur ====================================================== Dharmanand Son of Somaru Ram Resident of Village- Moti Tola, P.S- Ara Nagar, Dist- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shailesh Kumar, Advocate For the Opposite Party/s :
Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Excise Prohibition Thana Sadar Bhojpur P.S. Case No. 86/2024 lodged on 09.04.2024 under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
3. As per the prosecution case, total recovery of 120 litres of country made liquor is the subject matter of the present case.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. From the seizure list, it transpires that the recovery has not been made from the possession of the petitioner rather it has been made from a public place. The petitioner is in custody since
Patna High Court CR. MISC. No.38493 of 2024(2) dt.27-05-2024 2/2 10.04.2024 having clean antecedent. In fact, the petitioner is the victim in this case.
5. Learned counsel for the State opposes the prayer for bail.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-II, Bhojpur, Ara, in connection with Excise Prohibition Thana Sadar Bhojpur P.S. Case No. 86/2024, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure.
(Dr. Anshuman, J.) Ashwini/- U T