Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72067 of 2025 Arising Out of PS. Case No.-427 Year-2024 Thana- BYPASS District- Patna ====================================================== Dhiraj Kumar S/o Vasudev Ray @ Basudev Rai R/o Village- Terahrasia, Ratnakat, P.S.- Raghopur, District- Vaishali ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

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

For the Petitioner/s :

Mr.Abhimanyu Deo, Advocate For the Opposite Party/s :

Mr.Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 09-10-2025 Heard learned counsel for the petitioner and 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 information was received regarding the accident between a bike and a tempo and it is alleged that both the drivers of the vehicle fled away. It is further alleged that from the Tempo, altogether 192 liters of Onerex cough syrup containing codeine was recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that

Patna High Court CR. MISC. No.72067 of 2025(2) dt.09-10-2025 2/2 nothing has been recovered from the conscious possession of this petitioner. It is further contended that name of the petitioner has surfaced on the basis of the confessional statement of Rekha Devi, who is the owner of the Tempo. It is further submitted that from the seizure list, it would transpire that all the seizure list witnesses are police personnel. Moreover, the petitioner is languishing in judicial custody since 02.09.2025.

5. Learned APP appearing for the state has opposed the prayer of regular bail stating that the petitioner has one criminal antecedent.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bypass P.S. Case No. 427 of 2024 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 Judge, Excise, Patna City, subject to the condition that the petitioner shall not indulge himself in similar nature of case in future.

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