Patna High CourtCR. MISC./87403/2024bail granted

Dharmendra Kumar v. The State Of Bihar

2025-02-25Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87403 of 2024 Arising Out of PS. Case No.-1089 Year-2024 Thana- EXCISE DANAPUR District- Patna ====================================================== Dharmendra Kumar Son of Shri Harilal Singh R/O -Shahpur Ward No.6, P.S.- Gopalpur, Distt - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Jiban Pd Singh For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-02-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The defect No. 6(2) as pointed out by the office is ignored in the course of the day.

3. The petitioner has preferred this application for grant of regular bail in connection with Special Excise Case No. 3129/2024 arising out of Excise Danapur P.S. Case No. 1089/2024 dated 10.09.2024 registered for the offences punishable u/s 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, total 281.700 litres of illicit foreign liquor was recovered from the car.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.87403 of 2024(2) dt.25-02-2025 2/2 that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is driver of the said vehicle. The petitioner has no concern with the alleged recovery. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 10.09.2024.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Danapur, Patna in connection with Special Excise Case No. 3129/2024 arising out of Excise Danapur P.S. Case No. 1089/2024.

8. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T