Dinkar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70905 of 2025 Arising Out of PS. Case No.-267 Year-2025 Thana- RANIYATALAB District- Patna ====================================================== Dinkar Kumar S/o Rambalak @ Balak Ram Presently R/o - A - 306, Soniya Gandhi Camp, Samalkha, South West Delhi Permanent Address - R/o Village - Murgiya Chak, P.S - Sari, District - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Murari, Advocate.

For the Opposite Party/s :

Mr. Anish Chandra, APP.

====================================================== 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) of Bihar Prohibition and Excise Act.

3. As per prosecution case, there is recovery of 1249.56 litre illicit foreign liquor from the Truck bearing Registration No. UP-16NT-1862 and the petitioner alongwith co-accused Sunil Kumar were arrested on the spot.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that petitioner is neither owner nor driver of the seized truck and he has no concern with the alleged seized liquor. Learned counsel submits that no incriminating article has been recovered from the conscious possession of the petitioner. He further submits that there is no independent witness to the seizure list. Learned counsel submits that

Patna High Court CR. MISC. No.70905 of 2025(2) dt.08-10-2025 2/2 petitioner is in custody since 06.07.2025, having clean antecedent and charge sheet had already been submitted in this case after completion of investigation. He further submits that similarly situated co-accused, namely, Sunil Kumar had already been granted regular bail by this Court vide order dated 24.09.2025 passed in Cr. Misc. No.69003 of 2025. Learned counsel 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 Special Case No.1655 of 2025 arising out of Rani Talab P.S. Case No.267 of 2025.

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