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Patna High CourtCR. MISC./57146/2025allowed

Dharmendra Kumar @ Dharmendra Sahni @ Dharmend Shni v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57146 of 2025 Arising Out of PS. Case No.-137 Year-2025 Thana- AURAI District- Muzaffarpur ====================================================== Dharmendra Kumar @ Dharmendra Sahni @ Dharmend Shni Son of Ramsobhit Sahni @ Shobhit Sahni, Resident of Village - Koahi, P.S.- Mahindwara, District - Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ravi Ranjan, Advocate.

For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP.

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

2. The petitioner apprehends his arrest in connection with Aurai P.S. Case No.137 of 2025 instituted under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, on secret information that the accused persons, namely, Harendra Sahni and Raj Kumar Sahni are unloading a big consignment of liquor at Bharthua Ring Bridge, the police team conducted raid and recovered 2379.960 litres illicit foreign liquor. It is alleged that two persons were arrested on the spot and 8-10 persons managed to flee away with their vehicle.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.57146 of 2025(2) dt.09-09-2025 2/3 petitioner is innocent and has falsely been implicated in this case only on the basis of disclosure statement made by the apprehended co-accused persons that petitioner has fled away from the spot. He further submits that the petitioner was not present on the spot and no incriminating article has been recovered from his conscious possession. Learned counsel submits that petitioner has no concern with the seized liquor and except the suspicion, there is no material against the petitioner. Learned counsel submits that petitioner has no criminal antecedent and he undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the concerned Court within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise Court No.II, Muzaffarpur in connection with Aurai P.S. Case No.137 of 2025, subject to the conditions as laid down under Section

Patna High Court CR. MISC. No.57146 of 2025(2) dt.09-09-2025 3/3 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. (Sunil Dutta Mishra, J) Ritik/- U T