Dharmendra Kumar Yadav @ Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64090 of 2025 Arising Out of PS. Case No.-159 Year-2025 Thana- BANJARIA District- East Champaran ====================================================== Hiraman Manjhi S/o Late Jagarnath Manjhi R/o Village- Chailaha (Chailahan), P.S.- Banjariya, 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.Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 23-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Banjariya P.S. Case No. 159 of 2025 registered for the alleged offences under Sections 274, 275 of B.N.S. and Sections 30(a), 41 of Bihar Prohibition and Excise Act.

3. As per prosecution case, police received information about petitioner making illicit liquor at the banks of a river. A raid was conducted and recovery of 50 litres of country made chulai liquor was made and petitioner is stated to have fled away from the spot on seeing the police party.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.64090 of 2025(2) dt.23-09-2025 2/3 case. The recovery has been shown from an open place and petitioner has no concern with the said place. The petitioner is having antecedent of one case of similar nature. The petitioner is in custody since 19.07.2025.

5. Learned APP opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that recovery has not been shown from the petitioner, who was not apprehended from the spot, and period of custody of the petitioner, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 01, East Champaran at Motihari/concerned Court in connection with Banjariya P.S. Case No. 159 of 2025, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the 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.

Patna High Court CR. MISC. No.64090 of 2025(2) dt.23-09-2025 3/3 (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) DKS/- U T