Krishn Dhivar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Krishn Dhivar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted: petitioners to be released on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned District & Additional Sessions Judge IV-cum-Special Excise Court-1st, Lakhisarai, in connection with Kawaia P.S. Case No. 287 of 2025, subject to conditions that one bailor be a family member/close relative and that the petitioner co-operate in the trial and appear on every fixed date till framing of charge (bail bonds cancellable on absence on two consecutive dates without sufficient reason).

Issue for consideration

Whether the petitioners, arraigned in Kawaia P.S. Case No. 287/2025 for offences punishable under Sections 303(2), 317(2) of the Bharatiya Nayay Sanhita, 2023 and Section 30(a) of the Bihar Prohibition & Excise Acct, 2016, are entitled to regular bail.

Court's answer

The application for regular bail is allowed, considering the facts and circumstances of the case.

Ratio / Principle

Petitioners to 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 the learned District & Additional Sessions Judge IV-cum-Special Excise Court-1st, Lakhisarai, with conditions: one bailor to be a family member/close relative, and attendance on each and every fixed date till framing of charge, failing which on absence on two consecutive dates without sufficient reason the bail bonds may be cancelled by the trial Court.

Detailed headnote1 paragraphs

Patna High Court (S. B. Pd. Singh, J.), Criminal Miscellaneous No.70371 of 2025, order dated 13-10-2025: Regular bail allowed to two persons identified as the driver and cleaner of a tanker (Reg. No. BR-09H-8032) from which police recovered 4666.08 litres of IMFL, in Kawaia P.S. Case No. 287/2025 registered for offences punishable under Sections 303(2), 317(2) of the Bharatiya Nayay Sanhita, 2023 and Section 30(a) of the Bihar Prohibition & Excise Acct, 2016. Counsel submitted the petitioners were innocent, not owners of the vehicle, had clean antecedents, and were in judicial custody since 23.07.2025; the APP opposed. Bail fixed at Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the District & Additional Sessions Judge IV-cum-Special Excise Court-1st, Lakhisarai, with conditions: one bailor to be a family member/close relative; petitioner to co-operate in trial and appear on every fixed date till framing of charge, failing which on absence on two consecutive dates without sufficient reason the bonds may be cancelled by the trial Court.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.70371 of 2025

Arising Out of PS. Case No.-287 Year-2025 Thana- Kavaiya District- Lakhisarai

======================================================

Krishn Dhivar S/o Late Vidhan Dhivar Resident of Village- Barmasia, P.S.Dhausaar, District - Dhanbad (Jharkhand)

Pintu Kumar S/o Late Brahamdeo Yadav Resident of Village- Barmasia, P.S.- Dhausaar, District - Dhanbad (Jharkhand)

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Man Mohan Kumar, Advocate For the Opposite Party/s : Ms.Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER

3 13-10-2025

Heard learned counsel for the petitioners and

learned Additional Public Prosecutor for the State.

2. The petitioners seek bail in connection with Kawaia P.S. Case No. 287/2025 registered for the offences punishable under Sections 303(2), 317(2) of the Bharatiya Nayay Sanhita, 2023 and Section 30(a) of the Bihar Prohibition & Excise Acct, 2016.

3. As per the prosecution case, 4666.08 litres of IMFL was recovered by the police from a Tanker bearing Reg. No. BR-09H-8032. The police apprehended the driver and cleaner of the said vehicle who disclosed their names as

Krishna Dhivar (petitioner no.1) and Pintu Kumar

Patna High Court CR. MISC. No.70371 of 2025(3) dt.13-10-2025 2/3

(petitioner no. 2).

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. Learned counsel further submits that the petitioners are not the owner of the said vehicle and they have no knowledge of the alleged consignment being loaded on the said Tanker. Moreover, petitioners have clean antecedent and they are in languishing in judicial custody since 23.07.2025.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioners.

6. Considering the facts and circumstances of the case, this application for regular bail is allowed.

7. Accordingly, let the petitioners, above named, 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 the learned District & Additional Sessions Judge IV-cum-Special Excise Court-1^st , Lakhisarai in connection with Kawaia P.S. Case No. 287 of 2025, with following condition(s):-

(a) One of the bailors should be family

Patna High Court CR. MISC. No.70371 of 2025(3) dt.13-10-2025 3/3

member/close relative of the petitioner.

(b) Petitioner shall co-operate in the trial and shall

be present on each and every fixed date, till framing of charge, and on his absence on two consecutive dates without sufficient reason, his bail bonds may be cancelled by the learned trial Court.

(S. B. Pd. Singh, J)

Tusharika/-

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