Dilla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50787 of 2025 Arising Out of PS. Case No.-27 Year-2025 Thana- Ghogha District- Bhagalpur ====================================================== Dilla Son of Late Shrawan Mandal Resident of village - Pakkisarai, P.S.- Ghogha, District - Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Swapnil Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Ghogha P.S. Case No. 27 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 175 litres of liquor was recovered from two plastic bags.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. The name of the petitioner transpired in this case on the basis of confessional statement of apprehended co-accused person namely, Mithilesh Mandal.. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for the

Patna High Court CR. MISC. No.50787 of 2025(2) dt.25-07-2025 2/2 petitioner, therefore, contends that prima-facie no case is made out against the petitioner The petitioner has three criminal antecedents in which he is on bail. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. Other co-accused has been granted regular bail by this Court vide order dated 22.04.2025 passed in Cr. Misc. No. 24751 of 2025.

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

6. Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Ghogha P.S. Case No. 27 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T