Dharamchandra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66328 of 2025 Arising Out of PS. Case No.-309 Year-2025 Thana- KAHALGAON District- Bhagalpur ====================================================== Dharamchandra Rai S/o Sadhu Rai R/o Village - Jogia, P.S - Ramgarah, District - Dumka, (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baijnath Sah, Adv.

For the Opposite Party/s :

Mr.Lalan Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Kahalgaon P.S. Case No. 309 of 2025, registered for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, recovery of 252 litre of India made foreign liquor was made from a pickup van being driven by the petitioner.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Learned counsel further submits that petitioner is driver of the said vehicle and he has been falsely implicated in this case on the basis of suspicion. The

Patna High Court CR. MISC. No.66328 of 2025(2) dt.24-09-2025 2/3 vehicle in question does not belong to this petitioner but he has been plying it on saying of the owner. The petitioner is in custody since 16.06.2025 and he has no criminal antecedent. Charge sheet has been submitted.

5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner.

6. Having regard to the fact and circumstances and submission made on behalf of the parties and further considering the submission of charge sheet and period of custody of the petitioner and his clean antecedent, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Add. Sessions Judge Excise-1, Bhagalpur/concerned court, in connection with Kahalgaon P.S. Case No. 309 of 2025, subject to the condition laid down under Section 480(3) of the BNSS and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial

Patna High Court CR. MISC. No.66328 of 2025(2) dt.24-09-2025 3/3 court.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) anuradha/- U T