Dilip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47179 of 2025 Arising Out of PS. Case No.-186 Year-2024 Thana- SRINAGAR District- West Champaran ====================================================== Dilip Kumar S/o Durga Lal Chaudhary R/o Village- Ward No. 9 Bharpatiya, Bhawanipur, P.S.- Sirinagar, District- West Champaran, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mayank Mohan, Advocate For the Opposite Party/s :

Ms.Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-07-2025 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Srinagar P.S. Case No. 186/2024 registered on 30.12.2024 for the offences punishable under Sections 30(a) and 45 of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per prosecution, total recovery of 25 liters Indian Made Foreign Liquor from a motorcycle is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. It is contended that the alleged recovery was not made from the conscious possession of the petitioner. In fact, the petitioner has no concern either with the alleged illicit liquor or with the

Patna High Court CR. MISC. No.47179 of 2025(2) dt.30-07-2025 2/2 vehicle in question. It is further submitted that the petitioner has been falsely implicated in the present case due to local village politics. The petitioner has a clean criminal antecedent.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the antecedent of the petitioner is clean.

6. In the facts and circumstances, let the above named petitioner be released on bail, in the event of arrest or surrender before the Trial Court within a period of four weeks from today, on furnishing bail bond of ₹30000/- (thirty thousand) as mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha Sanhita, 2023 to the satisfaction of the Exclusive Special Judge, Excise-II, Bettiah, West Champaran, in connection with Srinagar P.S. Case No. 186/2024, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

(Dr. Anshuman, J) Ashwini/- U T