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Patna High CourtCR. MISC./68427/2025allowed

Dheeraj Kumar v. The State Of Bihar

2025-09-24Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68427 of 2025 Arising Out of PS. Case No.-261 Year-2025 Thana- BACHHWARA District- Begusarai ====================================================== Dheeraj Kumar Son of Geeta Das Resident of Village - Chomowan Rani - 03, P.S. - Bachhwara, District - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and Mr. Nityanand, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that from a truck and from the house of the petitioner altogether 720 liters of country made foreign liquor was recovered.

4. Learned counsel for the petitioner has submitted that the petitioner is quite innocent and has committed no offence and he has been implicated in this case only on the basis of suspicion. Learned counsel for the petitioner has submitted that the truck does not belong to him and as far as the house is concerned, it has been submitted that the house is joint one. It has also been submitted by the learned counsel for the petitioner

Patna High Court CR. MISC. No.68427 of 2025(2) dt.24-09-2025 2/2 that from perusal of the seizure list it will transpire that the witnesses of seizure list are police personnel. Learned counsel has further submitted that the petitioner is in judicial custody since 20.07.2025.

5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer of bail to the petitioner and has submitted that the petitioner is having criminal antecedent of two cases of similar nature.

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 with a condition that the petitioner shall not indulge in similar nature of offences in future. The above named petitioner is directed to be released on bail in connection with Bachhwara P.S. Case No. 261 of 2025 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, Begusarai.

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