Patna High CourtCR. MISC./85242/2024allowed

Dablu Kumar v. The State Of Bihar

2025-01-07Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85242 of 2024 Arising Out of PS. Case No.-314 Year-2024 Thana- Excise P.S. District- Buxar ====================================================== Dablu Kumar, Son of Badri Turha, R/O- Village- Somari, PS- Dawath, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 07-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Buxar (Excise) P.S. Case No. 314 of 2024 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that from E-Rikshaw, altogether 108.90 liters of foreign liquor was recovered. Petitioner is the driver of E-Rikshaw.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He has no concern with the alleged recovered liquor nor the vehicle in question belongs to him. He is having no criminal

Patna High Court CR. MISC. No.85242 of 2024(2) dt.07-01-2025 2/2 antecedent. He is in judicial custody since 07.10.2024.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Excise Special Judge Court No.2, Buxar in connection with Excise (Buxar) P.S. Case No. 314 of 2024.

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