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Patna High CourtCR. MISC./64565/2025bail granted

Dular Chand Bind @ Dularchandra Bind v. The State Of Bihar

2025-09-24Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62893 of 2025 Arising Out of PS. Case No.-44 Year-2025 Thana- Kusumbha District- Sheikhpura ====================================================== Bikrant Kumar Son of Rajo Bind @ Rajo Vind Resident of Village - Beldaria, P.S.- Kusumbha, District - Sheikhpura.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 64565 of 2025 Arising Out of PS. Case No.-44 Year-2025 Thana- Kusumbha District- Sheikhpura ====================================================== Dular Chand Bind @ Dularchandra Bind Son of Rajo Bind @ Rajo Vind Resident of Village- Beldaria PS -Kusumbha District- Sheikhpura ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 62893 of 2025) For the Petitioner/s :

Mr. Hafiz Shahbaz Arif, Advocate Mr. Allama Abdul Quadir, Advocate Mr. Jamal Faridi, Advocate For the Opposite Party/s :

Mr. Syed Ehteshamuddin, APP (In CRIMINAL MISCELLANEOUS No. 64565 of 2025) For the Petitioner/s :

Mr. Hafiz Shahbaz Arif, Advocate Mr. Allama Abdul Quadir, Advocate Mr. Jamal Faridi, Advocate For the Opposite Party/s :

Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-09-2025

1. Heard learned counsel for the parties.

2. The petitioners have preferred this application for grant of anticipatory bail apprehending their arrest in connection with Kusumbha P.S. Case no.44 of 2025, registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, on a raid being

Patna High Court CR. MISC. No.62893 of 2025(2) dt.24-09-2025 2/3 conducted, from near the pumping set of one Rajo Bind about 600 litres of liquor was recovered. One Commando Bind was taken into custody while others managed to escape. The name of the petitioner transpired in the statement of Commando Bind as being one of the persons who had managed to escape.

4. Learned counsel for the petitioners submits that none of the two petitioners herein were arrested at the spot nor any incriminating article was recovered from their possession. The only material against them is the statement of co-accused made before police. They have no concern with the seized liquor or the place of its seizure. The petitioner Bikrant Kumar has no criminal antecedent and both of them undertake to cooperate in the investigation/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioners in the F.I.R., none of them having been arrested at the spot, their names having transpired in the statement of co-accused made before police and no incriminating article having been recovered from their possession, it is directed that both the petitioners above named, in the event of their arrest or surrender before the

Patna High Court CR. MISC. No.62893 of 2025(2) dt.24-09-2025 3/3 learned Court below within a period of four weeks, be released on anticipatory bail in connection with Kusumbha P.S. Case no.44 of 2025 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge, Sheikhpura.

(Partha Sarthy, J) avinash/- U T