Dhiraj Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69819 of 2025 Arising Out of PS. Case No.-259 Year-2025 Thana- Excise P.S. District- Madhubani ====================================================== Dhiraj Kumar Jha, S/O Bechan Jha, Resident of Village- Raghopur Balat, Ward No.- 02, P.S.- Rajnagar, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Jha, Advocate For the Opposite Party/s :

Mr.Braj Kishore Pd, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 08-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Madhubani Excise P.S. Case No. 259 of 2025 registered for the alleged offence under Section 30(a) of the Bihar Prohibition & Excise Act.

3. As per prosecution case, during checking of vehicles, two persons on a three wheeler vehicle started running away on seeing the police party. They were apprehended after chase. From search of the three wheeler vehicle, recovery of 222 liters of country made Nepali liquor was made. The petitioner is one of the apprehended persons.

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.69819 of 2025(2) dt.08-10-2025 2/3 case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the three wheeler vehicle from which recovery has been shown. The petitioner is neither driver nor the owner of the said vehicle. The petitioner was himself a passenger on the said vehicle and has no knowledge about the illicit liquor kept in the vehicle. The petitioner is in custody since 08.08.2025 and is having clean antecedent.

5. Learned APP for the State 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 period of custody of the petitioner and his clean antecedent, 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 Judge, Excise Court, Madhubani/court concerned in connection with Madhubani Excise P.S. Case No. 259 of 2025, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:

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

Patna High Court CR. MISC. No.69819 of 2025(2) dt.08-10-2025 3/3 (ii) The petitioner will remain present on each and every date fixed by the court below.

(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) V.K.Pandey/- U T