Dharmendra Kumar Shah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89468 of 2024 Arising Out of PS. Case No.-309 Year-2024 Thana- Excise P.S. District- Madhubani ====================================================== 1.

Dharmendra Kumar Shah S/O Kusheshwar Shah Resident of VillageMaholiya, Ward No. 1, P.S- Ladaniya, District- Madhubani. 2.

Kundan Kumar Shah S/O Bhola Shah Resident of Village- Maholiya, Ward No. 1, P.S- Ladaniya, District- Madhubani.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kundan Kumar Shah S/O Bhola Shah Resident of Village- Maholiya, Ward No. 1, P.S- Ladaniya, District- Madhubani.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailendra Kumar Jha, Advocate For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-01-2025 Heard Mr. Shailendra Kumar Jha, learned counsel for the petitioners and Mrs. Renu Kumari, learned APP for the State.

2. The petitioners seek bail in connection with Madhubani Excise P.S. Case No. 309 of 2024, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 1665 liters liquor was recovered from pick-up vehicle and the petitioners were apprehended on spot.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the

Patna High Court CR. MISC. No.89468 of 2024(2) dt.15-01-2025 2/2 present case. No incriminating material have been recovered from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. Learned counsel for the petitioner further submits that the petitioners are neither owner nor driver of the said vehicle in question. The petitioners took lift in that vehicle and have no knowledge regarding the goods being loaded in the vehicle. The petitioners are in custody since 11.11.2024 and have got no criminal 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 petitioners.

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

7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Madhubani Excise P.S. Case No. 309 of 2024.

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