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Patna High CourtCR. MISC./34069/2025bail granted

Dharmendra Nut v. The State Of Bihar

2025-05-29Mr. Justice Sourendra Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34069 of 2025 Arising Out of PS. Case No.-25 Year-2025 Thana- Bhopatpur District- East Champaran ====================================================== Dharmendra Nut S/o Late Bali Nut @ Baliraj Nut R/o Village- Jamuniya Ward No. 11, P.S.- Bhopatpur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Advocate Mr.Hemant Ray, Advocate For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 29-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seek bail in connection with Bhopatpur P.S. Case No.25 of 2025 registered for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case one person was apprehended with a bag, who disclosed his name as Dharmendra Nut (petitioner) and on search 12 litres of foreign liquor was recovered from the bag, the said apprehended person was carrying.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case as he has no concern with the said seizure of 12 liters of

Patna High Court CR. MISC. No.34069 of 2025(2) dt.29-05-2025 2/3 foreign liquor. Learned counsel further submits that the petitioner carries clean antecedent and he is in custody since 13.03.2025.

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

6. Considering the aforesaid facts and circumstances of the case and taking into account the nature of seizure as well as the clean antecedent of the petitioner, let the petitioner abovenamed be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Excise Court No.1, Motihari, East Champaran in connection with Bhopatpur P.S. Case No.25 of 2025 subject to the conditions :- a. One of the bailors of the petitioner shall be his close relative.

b. The petitioner shall remain physically present in Court on each date of the trial.

c. In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to the cancelled by the court concerned.

d. The Court below shall verify the criminal

Patna High Court CR. MISC. No.34069 of 2025(2) dt.29-05-2025 3/3 antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the afore-mentioned order shall not be delayed for purpose of or in the name of verification. (Sourendra Pandey, J) Saurav/- U T