Dinesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76823 of 2025 Arising Out of PS. Case No.-80 Year-2022 Thana- MUSRIGHRARI District- Samastipur ====================================================== Dinesh Kumar, S/o Ramjee Mahto @ Ramjee Singh, Resident of VillageBarbatta, P.S.- Musarigharari, Dist.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anish Kumar, Adv.

For the Opposite Party/s :

Mr. Pramod Kumar Pandey, Addl. P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 06-01-2026 Heard the learned counsel for the petitioner and the learned Addl. Public Prosecutor for the State.

2. The petitioner, who is in custody, seeks bail in connection with Musarigharari P.S. Case No. 80 of 2022 registered for the offence(s) punishable under Section(s) 30(a) and 41(i) (ii) of the Bihar Prohibition and Excise Act.

3. The prosecution case is to the effect that on secret information, one truck was found abandoned and on search, total 4176 liters of foreign liquor was recovered.

4. The learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. Subsequently, during the course of investigation, one mobile number was

Patna High Court CR. MISC. No.76823 of 2025(3) dt.06-01-2026 2/3 traced and it was found to be of the petitioner and merely on suspicion, he has been implicated in this case. It has further been submitted that neither the liquor nor the truck belongs to the petitioner and he has no concern whatsoever with the seized liquor. It has lastly been submitted that the petitioner has clean antecedent and he is in custody since 29.09.2025.

5. The learned Addl. Public Prosecutor for the State has vehemently opposed the prayer for bail.

6. Regard being had to the facts and circumstances of the case and taking note of the fact that the petitioner has remained in custody since 29.09.2025, let the petitioner, abovenamed, be released on bail on his furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Musarigharari P.S. Case No. 80 of 2022, subject to the following conditions:- (i) One of the bailors of the petitioner shall be his close relative and the other shall be a local resident. (ii) The petitioner shall remain physically present before the concerned Court on each and every date of the trial and shall cooperate in the investigation. (iii) In case of absence for two consecutive occasions or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the concerned

Patna High Court CR. MISC. No.76823 of 2025(3) dt.06-01-2026 3/3 Court.

(iv) If the petitioner, in future, is found to be involved in similar nature of offence(s), the prosecution shall be at liberty to move for cancellation of his bail bond.

(v) The concerned Court shall verify the criminal antecedent of the petitioner and in case, at any stage, it is found that he has concealed his criminal antecedent, the Court concerned shall take necessary steps for cancellation of his bail bond. However, the acceptance of bail bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

7. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial.

8. The application stands allowed.

(Sourendra Pandey, J) Praveen-II/- U T