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Patna High CourtCR. MISC./70868/2025allowed

Dablu Kumar v. The State Of Bihar

2025-10-08Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70868 of 2025 Arising Out of PS. Case No.-100 Year-2025 Thana- BARIYARPUR District- Munger ====================================================== Dablu Kumar S/O Jwala Prasad Singh Resident Of Village- Pakauli, P.s.- Biddupur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bharat Bhushan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in a case registered under Section 30(a), 32 & 41(1) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 4453.2 litre illicit foreign liquor from the Container Truck bearing Registration No. WB-15B-4515. Petitioner is alleged to be cleaner of the said vehicle.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case only on the basis of suspicion. He further submits that petitioner was only the cleaner of the seized vehicle and he had no knowledge with regard to the fact that illicit liquor was kept in the seized truck. Learned counsel submits that no incriminating article has been recovered from the conscious possession of petitioner. He further submits that petitioner is not

Patna High Court CR. MISC. No.70868 of 2025(2) dt.08-10-2025 2/2 the owner of the seized truck and he has no concern with the alleged seized liquor. Petitioner is in custody since 09.07.2025 having clean antecedent. The charge-sheet has already been submitted in the present case after completion of investigation. Similarly situated co-accused Kundan Singh has already been granted anticipatory bail by this Court vide order dated 24.09.2025 passed in Cr. Misc. No. 68909 of 2025. He further submits that there is no likelihood of absconding the petitioner or tampering with the evidence and he undertakes to cooperate in the trial.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties and the period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned in connection with Bariyarpur P.S. Case No.100 of 2025.

(Sunil Dutta Mishra, J) utkarsh/- U T