Dheeraj Kumar Pandey @ Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87309 of 2025 Arising Out of PS. Case No.-251 Year-2025 Thana- Excise P.S. District- Saran ====================================================== Dheeraj Kumar Pandey @ Dhiraj Kumar S/o Sachdanant Pandey @ Sachitanand Pandey @ Sachidanand Pandey Resident of Village - Nayka Barka Baiju Tola, P.S - Revilganj, District - Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar, Adv For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sadar Excise (Saran) P.S. Case No. 251 of 2025, instituted for the offences punishable under Sections 30(a), 32(3) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 459.240 liters of foreign liquor was recovered from house of the petitioner. Petitioner was arrested on spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got

Patna High Court CR. MISC. No.87309 of 2025(2) dt.18-12-2025 2/2 no concern with the alleged recovery of liquor. Learned counsel for the petitioner submits that the recovery has been made from joint house of the petitioner where other family members also reside. The petitioner is in custody since 29.09.2025 and has got clean antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sadar Excise (Saran) P.S. Case No. 251 of 2025.

(Rudra Prakash Mishra, J) krishnakant/- U T