Dayanand Mushar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56344 of 2025 Arising Out of PS. Case No.-344 Year-2025 Thana- AKBARPUR District- Nawada ====================================================== Dayanand Mushar S/O Vijay Mushar R/O Village- Jobkala, P.S- Rajauli, Distt.- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Akbarpur P.S. Case No. 344 of 2025 for the offences registered under Sections 30(a), 41 of the Bihar Prohibition & Excise Act.

3. There is recovery of 175 litre illicit liquor from two motorcycles on which petitioner and other accused persons were riding.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Petitioner has no concern either with the seized liquor or with the motorcycles. Nothing has been recovered from the conscious possession of the petitioner. Petitioner was returning home and in the way he was apprehended on the basis of

Patna High Court CR. MISC. No.56344 of 2025(3) dt.24-09-2025 2/2 suspicion. Petitioner has one criminal antecedent in which he is on bail. He is in custody since 20.07.2025. Petitioner undertakes to co-operate in the trial.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-1, Nawada in connection with Akbarpur P.S. Case No. 344 of 2025. (Sunil Dutta Mishra, J.) rakhi/- U T