Dinesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1107 of 2025 Arising Out of PS. Case No.-913 Year-2024 Thana- Excise P.S. District- Kaimur (Bhabua) ====================================================== Dinesh Kumar son of Brem Pal Resident of Village- Kutubur, P.SShikatpur,Dist- Buland Shahar , State- Uttar Pradesh ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sarfraz Ahmad, Advocate For the Opposite Party/s :
Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-02-2025 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Kaimur Excise PS Case No. 913 of 2024 instituted for the offences under Sections 30(a), 32(i),(3), 41(1) and 41(2) of the Bihar Prohibition and Excise Act.
3.
The prosecution case, in short, is that total 191.625 litres of foreign liquor was recovered from Maruti Suzuki Car. 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 no concern with the alleged recovery of liquor. It is submitted that petitioner is the driver of the seized vehicle and he has no
Patna High Court CR. MISC. No.1107 of 2025(2) dt.13-02-2025 2/2 knowledge regarding the nature of goods kept in the vehicle. The petitioner is in custody since 02.12.2024 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S.
5.
Learned A.P.P. 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, clean antecedent of the petitioner 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.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kaimur Excise PS Case No. 913 of 2024.
(Rudra Prakash Mishra, J) Raj Ranjan/- U T