Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57459 of 2025 Arising Out of PS. Case No.-150 Year-2025 Thana- LAKHAURA District- East Champaran ====================================================== Dharmendra Kumar Son of Dhruv Ray Resident of Village - Dhumnagar Tola Fatehpur (Fatepur), P.S.- Lakhaura, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nityanand, A.P.P.

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

2. The petitioner seeks regular bail in a case registered under Sections 30(a), 32 and 41(1) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, 102 litres of illicit liquor kept on two sacs was recovered from the motorcycle. It is alleged that this petitioner and other co-accused persons fled away from the spot identified by the local Chaukidar.

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. Further submission is that petitioner is neither the owner nor the driver of the seized vehicle. Petitioner has no concern with the seized illicit liquor.

Patna High Court CR. MISC. No.57459 of 2025(2) dt.03-09-2025 2/2 Nothing has been recovered from the conscious possession of the petitioner. Petitioner has clean antecedent and there is no chance of his absconding or tampering with the evidence. Petitioner is in custody since 01.07.2025 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 bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1, East Champaran at Motihari in connection with Lakhaura P.S. Case No.150 of 2025. (Sunil Dutta Mishra, J) utkarsh/- U T