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Patna High CourtCR. MISC./57359/2025allowed

Dev Kumar Pandit @ Dev Datt Pandit v. The State Of Bihar

2025-09-03Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57359 of 2025 Arising Out of PS. Case No.-197 Year-2025 Thana- Excise P.S. District- Madhubani ====================================================== Dev Kumar Pandit @ Dev Datt Pandit S/o Ghuran Pandit, Resident of village - Hirapatti, P.S- Rajnagar, District - Madhubani. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Subhash Kumar Jha, Advocate.

For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 03-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Sadar Excise P.S. Case No.197 of 2025 corresponding to G.O. No.536 of 2025, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 27 liter foreign liquor from Stingray WagonR Car bearing Registration No. BR-37-H-7829 near Village Balha Bramhasthan, Madhubani and 238.320 liter foreign liquor from Pickup van bearing Registration No. RJ-14-GE-2059 near Hirapatti Bramhasthan, Madhubani. The allegation against the petitioner is that he was sitting in pickup van and try to fled away but apprehended on chase.

Patna High Court CR. MISC. No.57359 of 2025(2) dt.03-09-2025 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that petitioner is neither owner nor driver of any of the vehicle and he has no concern with the alleged seized liquor or vehicles. Learned counsel submits that petitioner is resident of local area nearby the place of occurrence and on the date of occurrence he was going towards the market but was forcibly caught hold and arrested by the police only on the basis of suspicion. He further submits that there is no independent witness of the seizure list. Learned counsel submits that petitioner is in custody since 11.06.2025, having clean antecedent and the charge sheet has already been submitted in this case. He further submits that there is no chance of absconding the petitioner or tampering with the evidence and he undertakes to cooperate in the investigation and trial.

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 and the submissions of learned counsel for the parties, 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 Exclusive

Patna High Court CR. MISC. No.57359 of 2025(2) dt.03-09-2025 3/3 Special Judge, Excise Madhubani in connection with Sadar Excise P.S. Case No.197 of 2025 corresponding to G.O. No.536 of 2025.

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