Dewendra Kumar @ Dawendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32888 of 2025 Arising Out of PS. Case No.-161 Year-2025 Thana- KATEYA District- Gopalganj ====================================================== 1.

Dewendra Kumar @ Dawendra Kumar S/o- Harihar Rai @ Harihar Yadav Village- Sherpur Police Station- Goriakothi District-Siwan 2.

Ram Dular Ram S/o- Late Dashrath Ram Village- Rishaura Police StationMaharajganj District-Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baijnath Sah, Adv.

For the Opposite Party/s :

Mr.Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 06-08-2025 Heard Mr. Baijnath Sah, learned counsel for the petitioners and Mr. Ramchandra Sahni, learned APP for the State.

2. Petitioners seek regular bail in connection with Kateya P.S. Case No. 161/ 2025 dated 26.03.2025 registered for the offence(s) punishable under Sections 317(5) and 3(5) of the BNS and section 30(a) of the Bihar Prohibition & Excise Act.

3. The main submissions advanced by the petitioners' counsel are that the petitioners have fair and clean antecedent and are languishing in jail since 26.03.2025 and against them, investigation has been completed, though, the instant matter relates to the recovery of 123.8 litres of foreign liquor from an

Patna High Court CR. MISC. No.32888 of 2025(3) dt.06-08-2025 2/2 E-rickshaw of which petitioner No.1 is owner and petitioner No.2 is driver and the material witnesses of the prosecution, who are to be examined in the trial of the petitioners, are Government officials, therefore, releasing the petitioners on bail will not affect the prosecution in any manner.

4. The learned APP appearing for the State has opposed the bail prayer of the petitioners.

5. Having considered the aforesaid submissions advanced by the petitioners' counsel and mainly custody period of the petitioners as well as completion of investigation against them as also the fact that material witnesses of the prosecution, who are to be examined in the trial of the petitioners, are Government officials, this court is inclined to grant the relief of bail to the petitioners. Accordingly, let the petitioners namedabove be released on bail in connection with Kateya P.S. Case No.161/ 2025 on furnishing bail bond of Rs. 20,000/-( Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) BKS/- U T