Dhanji Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56545 of 2025 Arising Out of PS. Case No.-239 Year-2025 Thana- Excise P.S. District- Buxar ====================================================== Dhanji Sharma S/o Late Jatuli Sharma @ Jatuli Lohar, R/o vill - Dulahpur, sonvarsha, P.S.- Buxar Industrial, Distt.- Buxar. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sunil Kumar, Advocate.

For the Opposite Party/s :

Ms. Pronoti Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Buxar Excise P.S. Case No.239 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 250.560 litre illicit foreign liquor from the Bolero car bearing Registration No. BR-44P-0984 which was coming from Bharauli.

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

Patna High Court CR. MISC. No.56545 of 2025(3) dt.11-09-2025 2/3 driver of the vehicle in question rather on the alleged date of occurrence he saw some police personnel intercepting a vehicle then he asked as to what has been recovered from the vehicle, on which he was apprehended only on the basis of suspicion. Learned counsel submits that petitioner has no concern either with the alleged seized liquor or with the vehicle from where the alleged liquor was recovered. He further submits that no incriminating article has been recovered from the conscious possession of petitioner. Learned counsel submits that petitioner is in custody since 08.06.2025, having one criminal antecedent, which does not belong to Excise Act and the charge sheet had already been submitted in this case after completion of investigation. He further submits that there is no likelihood of absconding the petitioner or tampering with the evidence and he undertakes to cooperate in the 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 Special

Patna High Court CR. MISC. No.56545 of 2025(3) dt.11-09-2025 3/3 Excise Court No.2, Buxar in connection with Buxar Excise P.S. Case No.239 of 2025.

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