Dharikshan Das @ Dharkshan Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34318 of 2025 Arising Out of PS. Case No.-86 Year-2025 Thana- GOH District- Aurangabad ====================================================== Dharikshan Das @ Dharkshan Das, S/o Ram Swarup Das, R/o Village- Goh, Chamar Toli, P.S.- Goh, District- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Kumar Pandey, Advocate.
For the State :
Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 18-06-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Goh P.S. Case No. 86 of 2025, dated 12.03.2025 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.
3. As per allegation, 10 litres illicit country made liquor has been recovered from an open space on the land belonging to other persons.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that there is no recovery either from the personal possession or from the house of the petitioner. He also submits that there is no material available on record in support
Patna High Court CR. MISC. No.34318 of 2025(2) dt.18-06-2025 2/3 of the prosecution case. Hence, no prima facie case is made out against the petitioner under the Excise Act and the present anticipatory bail petition is maintainable.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs.10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned court below in connection with Goh P.S. Case No. 86 of 2025, subject to the conditions as laid down under Section 482 (2) B.N.S.S., 2023 and on the following conditions: (i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned
Patna High Court CR. MISC. No.34318 of 2025(2) dt.18-06-2025 3/3 court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) S.Ali/- U T