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2025 DAILYLAW 96830 (PAT)

Dharvendra Kumar @ Dharmendra Kumar @ Dharmendra Sah @ Bauaa v. The State of Bihar

CR. MISC./33498/2025 · 2025-05-26

S B P Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 33498 of 2025 Arising Out of PS. Case No.-156 Year-2024 Thana- NATIONAL HIGHWAY District- Samastipur ====================================================== Dharvendra Kumar @ Dharmendra Kumar @ Dharmendra Sah @ Bauaa S/o Late Panchu Shah @ Late Pachu Sah R/o village - Srichandpur Kothiya , Police station - National Highway Bangra , District - samastipur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Mahendra Pratap For the Opposite Party/s : Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 2 26-05-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner has prayed for bail in connection with National Highway Bangra P.S. Case No. 156 of 2024 registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act. 3. It is a case of recovery of 30.24 litres of IMFL from the back portion of the house of the petitioner and accused persons managed to escape. 4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in Patna High Court CR. MISC. No. 33498 of 2025(2) dt.26-05-2025 2/3 this case. Petitioner was not arrested from spot. He has no concern with the alleged recovery. The alleged recovery has been made from the backportion of the house, which is a joint family house. Seizure list has not been prepared in accordance with law. Moreover, he is languishing in judicial custody since 8.4.2025. 5. Learned APP appearing for the State has opposed the prayer of Bail. 6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail after framing of charge. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise-I, Samastipur in connection with National Highway Bangra P.S. Case No. 156 of 2024 with following conditions: (i) One of the bailors should be close relative of the petitioner. (ii) Petitioner shall co-operate in the trial and shall Patna High Court CR. MISC. No. 33498 of 2025(2) dt.26-05-2025 3/3 be present on each and every fixed date and on his absence on two consecutive dates without sufficient reason, his bail bonds may be cancelled by the learned trial Court. sushma/- (S. B. Pd. Singh, J) U