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Patna High CourtCR. MISC./63090/2025allowed

Dharambir Yadav @ Dharam Kumar @ Dharamvir Kumar Yadav v. The State Of Bihar

2025-09-22Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63090 of 2025 Arising Out of PS. Case No.-383 Year-2025 Thana- PURNEA SADAR District- Purnia ====================================================== Dharambir Yadav @ Dharam Kumar @ Dharamvir Kumar Yadav S/O Ramjanam @ Ramjanam Ray @ Ramjanam Yadav R/O Village- Ramraj Chowk Gulabbagh, P.S- Sadar, District- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 22-09-2025 Heard Mr. Ram Prawesh Kumar, learned counsel for the petitioner and Mr. Sanjay Kumar Pandey, learned APP for the State.

2. The petitioner has prayed for bail in connection with Sadar P.S. Case No. 383 of 2025 registered for the offence punishable under Sections 111(i)(ii), 338, 336(3) of the B.N.S., 2023 and Sections 30(a), 36, 41(2) of the Bihar Prohibition and Escise Act.

3. The case of the prosecution is that from a four wheeler, 109.92 liters of foreign country-made liquor was recovered. Petitioner is the driver of the alleged vehicle.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.63090 of 2025(2) dt.22-09-2025 2/2 committed no offence. He has been falsely implicated in this case. He also submits that nothing has been recovered from the possession of this petitioner. It has also been submitted that the petitioner is languishing in judicial custody since 31.07.2025.

5. The application for bail is opposed by learned APP for the State and submits that the petitioner is having criminal antecedent of one case.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge (Excise-I), Purnea in connection with Sadar P.S. Case No. 383 of 2025 with a condition that the petitioner shall not indulge in similar nature of offences in future.

(Ashok Kumar Pandey, J) Sudhanshu/- U T