Dilip Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53377 of 2025 Arising Out of PS. Case No.-44 Year-2025 Thana- LAUKAHI District- Madhubani ====================================================== Dilip Das, son of Deo Narayan Das @ Dev Narayan Das, Village -Bagbira PS- Kachan District -Sapatri, Nepal.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratnakar Jha, Advocate Ms. Madhumita Singh, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 04-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with G.R. No. 130 of 2025 arising out of Laukahi P.S. Case No. 44 of 2025 for the offence registered under Sections 274, 275 of the BNS and Section 30 (a) of the Bihar Prohibition & Excise Amendment Act.

3. As per the prosecution case, 4-6 people were entering India from Nepal carrying some jute bags on their head. After seeing the SSB force, they thrown the jute bags and started fleeing away out of which the petitioner was apprehended on the spot and on search of the bag 153 litres of Nepali country made liquor was recovered.

Patna High Court CR. MISC. No.53377 of 2025(3) dt.04-09-2025 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case on the basis of suspicion. He has no concern with the seized liquor. Nothing incriminating was recovered from the conscious possession of the petitioner. Recovery is made from an abundant place. There is no compliance of the mandatory provision under Section 103 of the BNSS as seizure list witnesses are no independent witnesses. Petitioner is in jail custody since 03.03.2025, having no criminal antecedent. Petitioner undertakes to co-operate in the trial of the case. He further submitted that the Vijendra Das who is brother of petitioner and resident within district Madhubani has undertaken to furnish bail bond and surities.

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

6. Considering the facts and circumstances of the case, the submissions of learned counsel for the parties and period of custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District & Addl. Sessions Judge-II-cumSpecial Judge, Excise Act, Jhanjharpur, Madhubani in

Patna High Court CR. MISC. No.53377 of 2025(3) dt.04-09-2025 3/3 connection with G.R. No. 130 of 2025 arising out of Laukahi P.S. Case No. 44 of 2025, subject to the following conditions:-

(1) One of the bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the learned trial court.

(Sunil Dutta Mishra, J) khushbu/- U T