IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.345 of 2025 Arising Out of PS. Case No.-407 Year-2018 Thana- MASHRAK District- Saran ====================================================== Dhananjay Kumar Singh @ Guddu Singh S/O Awadhesh Singh Resident of Village- Bhoraha, PS- Panapur, Dist.- Saran. ... ... Petitioner/s Versus The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Surendra Kishore Thakur For the Opposite Party/s : Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 3 17-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2.The petitioner seeks bail in connection with Mashrak P.S. Case No. 407 of 2018 registered for the offences punishable under Sections 420, 188, 272, 273 of the IPC read with sections 30, 30(a) and 41 of the Bihar Prohibition and Excise Act, 2016. 3. As per prosecution case, there is alleged recovery of 2212.92 litre English wine from the truck in question. Apprehended co-accused, Raj Kumar Singh, disclosed that the said illicit liqour belongs to the petitioner and other. 4. Learned counsel for the petitioner submits that petitioner is in custody since 18.11.2024. Learned counsel has submitted supplementary affidavit in which it is stated that Patna High Court CR. MISC. No.345 of 2025(3) dt.17-01-2025 2/3 petitioner bears criminal antecedent of two cases in which he is already on bail in one case. He further submits that there is no recovery of illicit liquor from possession of the petitioner and the alleged vehicle does not belong to the petitioner. Learned counsel further submits that seizure list has not been prepared as per law. Except disclosure of co-accused, there is nothing on record to connect the petitioner with the alleged occurrence. He further submits that petitioner is quite innocent and has committed no offence as alleged in the FIR. He further submits that co-accused, Brij Singh, has already been granted bail by this Court vide Cr. Misc. No. 24180 of 2022 and the case of present petitioner stands on similar footing. 5. The learned A.P.P. for the State opposes the prayer for bail of the petitioner. 6. Considering the facts and circumstances of the case, period of custody, co-accused has already been granted bail, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Exclusive Special Excise Court, Saran at Chapra in connection Patna High Court CR. MISC. No.345 of 2025(3) dt.17-01-2025 3/3 with Mashrak P.S. Case No. 407 of 2018, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application. (ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. vashudha/- (Alok Kumar Pandey, J) U T