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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22146 of 2025 Arising Out of PS. Case No.-18 Year-2025 Thana- VISHAMBHARPUR District- Gopalganj ====================================================== Dharmendra Kumar S/o Mahanth Yadav Resident of Village- Nawada Gamharia, P.S.- Yadopur, Distt.- Gopalganj ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Adesh Raj Singh, Advocate For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 09-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Vishambharpur P.S. Case No. 18 of 2025, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that, total 140.6 liters liquor was recovered out of which 77.600 liters liquor was recovered from the motorcycle of the petitioner.
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.22146 of 2025(2) dt.09-04-2025 2/2 no concern with the alleged recovery of liquor. Learned counsel for the petitioner also submits that no recovery of liquor has been made from the possession of the petitioner. The petitioner was a passerby of that way and was apprehended on the basis of suspicion. The petitioner is in custody since 23.01.2025 and has 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 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. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Vishambharpur P.S. Case No. 18 of 2025.
Rajorshi/- (Rudra Prakash Mishra, J) U T