Dinesh Kumar Upadhyay @ Dinesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58793 of 2025 Arising Out of PS. Case No.-249 Year-2025 Thana- BHAGWANPUR HAT District- Siwan ====================================================== Dinesh Kumar Upadhyay @ Dinesh Kumar S/O Late Vishwamitra Upadhyay Resident of Village- Sikatiya, P.S- Maharajganj, Distt.- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gajendra Kumar Singh, Adv For the Opposite Party/s :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 10-09-2025 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 Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, on got secret information that huge quantity of liquor has come at village Mirjumla Bandh. During the raid, four accused persons were arrested as they tried to flee from the place of occurrence.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the basis of suspicion. The petitioner has no concern with the seized liquor. He further submits nothing has been recovered from the conscious possession of the petitioner. He further submits that recovery was made near the Bandh and the

Patna High Court CR. MISC. No.58793 of 2025(2) dt.10-09-2025 2/2 petitioner was passing through the said place and due to suspicion, he was arrested. The petitioner is in jail custody since 10.06.2025. He has one criminal antecedents in similar nature in which, he is on bail. Charge-sheet has already been submitted 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 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. I, Siwan, in connection with Bhagwanpur Hat P.S. Case No. 249/2025.

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