Patna High CourtCR. MISC./67381/2025bail granted

Biren Das v. The State Of Bihar

2025-09-24Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67381 of 2025 Arising Out of PS. Case No.-255 Year-2025 Thana- Excise P.S. District- Saharsa ====================================================== Biren Das, aged about 28 years, Male, S/o Domi Das, R/o Loatha Tola, Nariyar, Ward No.6, P.S. and District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sachina, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per allegation in the FIR, total 30 liters of illicit country made liquor has been recovered from a Hero Splendor Plus motorcycle bearing registration no.BR-19U-9807, Chassis no.MBLHAW225PHB08307 and Engine no.HA11E7PHB06869.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that he has no concern with the said recovery and said

Patna High Court CR. MISC. No.67381 of 2025(2) dt.24-09-2025 2/2 vehicle and nothing has been recovered from the possession of the petitioner and he is in custody since 29.06.2025 and there is no independent witness of seizure list.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. In view of the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special (Excise) Judge-I, Saharsa in connection with Saharsa Excise P.S. Case No. 255 of 2025, subject to condition that petitioner shall remain physically present on each and every dated fixed by the trial Court till conclusion of the trial, in case any violation of the condition the trial Court shall cancel his bail bonds. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T