Dharmendra Rai @ Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1163 of 2025 Arising Out of PS. Case No.-340 Year-2024 Thana- NADI P.S. District- Patna ====================================================== DHARMENDRA RAI @ DHARMENDRA KUMAR S/O LATE MAHENDRA SINGH RESIDENT OF VILLAGE-JETHULI, P. S.-NADI, DIST-PATNA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 05-02-2025 Heard Mr. Jay Ram Prasad, learned counsel appearing on behalf of the petitioner and Mr. Khurshid Anwar learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Nadi P.S. Case No. 340/2024 for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The allegation is of recovery of 11.620 litres of foreign liquor from the godown of the petitioner.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. He further submitted that in

Patna High Court CR. MISC. No.1163 of 2025(2) dt.05-02-2025 2/3 the impugned order, it has come that recovery is of 620 litres of illicit liquor but from perusal of the seizure list, it is apparent that only 11.620 litres of illicit liquor was recovered and specific statement to that effect has been made in paragraph no.12 of the bail application. He further submitted that though the petitioner is owner of the said godown but he has given the said godown on rent to one Suresh Rai and he was unaware that he is misusing the said godown. Petitioner has clean antecedent.

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

6. Considering the nature of allegation made against the petitioner, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Patna City in connection with Nadi P.S. Case No. 340 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para-

Patna High Court CR. MISC. No.1163 of 2025(2) dt.05-02-2025 3/3 3 of the bail petition, this order will automatically lose its force. (Purnendu Singh, J) Sanjay/- U T