Dharmendra Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60963 of 2025 Arising Out of PS. Case No.-323 Year-2025 Thana- EXCISE DANAPUR District- Patna ====================================================== Dharmendra Pathak S/o Narsingh Pathak R/o Village- Nava Nagar, Police Station- Nava Nagar, District - Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Asha Kumari, 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 Special Excise Case No. 1578 of 2025 arising out of Excise Danapur P.S. Case No. 323 of 2025, for the offence registered under Sections 30 (a) and 32 (3) of the Bihar Prohibition & Excise Act.

3. As per the prosecution case, total 115 litres of illicit beer and 39.5 litres of Indian made foreign liquor was recovered from a car. It is alleged that the petitioner was the driver of the seized car sitting along with co-accused Niraj Kumar.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case being the driver of the seized car. He has no concern with

Patna High Court CR. MISC. No.60963 of 2025(2) dt.24-09-2025 2/2 the seized liquor. Nothing has been recovered from the conscious possession of the petitioner. He further submits that the petitioner was only the driver not the owner of the seized car. He had no knowledge about the liquor loaded in the car.. Petitioner is in jail custody since 20.06.2025, having clean antecedent. Petitioner undertakes to cooperate in the trial of the case.

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 and period of custody, 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 Judge Excise, Danapur, Patna, in connection with Special Excise Case No.1578 of 2025 arising out of Excise Danapur P.S. Case No. 323 of 2025. (Sunil Dutta Mishra, J) khushbu/- U T