Dinesh Kumar Gond v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71579 of 2025 Arising Out of PS. Case No.-305 Year-2025 Thana- BHORE District- Gopalganj ====================================================== Dinesh Kumar Gond, S/o- Balistar Gond, Resident of Village- Khajuraha Mishra, P.S.- Bhore Dist- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 16-10-2025 Heard the parties.

2. The petitioner is apprehending his arrest in connection with Bhore P.S. Case No. 305 of 2025 registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. The allegation against the petitioner is of involved in trafficking of illicit liquor. The police in course of patrolling, intercepted a Scorpio vehicle, bearing registration no. BR29PA8446 and apprehended the person, who was driving the vehicle. In course of search, total 594.60 litres of country made liquor was recovered.

4. Learned Advocate for the petitioner submitted that on the fateful day, the vehicle, in question, was taken away by the driver to bring some of the relatives and the petitioner was

Patna High Court CR. MISC. No.71579 of 2025(2) dt.16-10-2025 2/3 not acquainted that his vehicle had ever used for illicit purpose. He completely denied the allegation of any recovery. Save and except the petitioner being the owner of the vehicle, in question, no material has been collected during the course of investigation suggesting the complicity of the petitioner in the crime. There are various other infirmities in the search and seizure, besides non-compliance of Sections 103 and 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner bears fair antecedent and he undertakes that he will fully cooperate in the investigation and the proceeding of the court.

5. On the other hand, learned APP for the State vehemently opposed the bail application and submits that huge quantity of recovery of the illicit liquor from the vehicle, in question, clearly suggests the involvement of the petitioner in the crime.

6. Regard being had to the submissions aforenoted, as also the fact that save and except the petitioner being the owner of the vehicle, in question, no other material has come suggesting the complicity of the petitioner in the crime, besides his fair antecedent and the lack of materials attracting the rigors provided under Section 76(2) of the of the Bihar Prohibition and Excise Act, 2016, let the petitioner, named above, in the event of

Patna High Court CR. MISC. No.71579 of 2025(2) dt.16-10-2025 3/3 his arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise Court No.-I), Gopalganj in connection with Bhore P.S. Case No. 305 of 2025, subject to the condition as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close relative of the petitioner.

(Harish Kumar, J) uday/- U T