Dharmendra Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6756 of 2025 Arising Out of PS. Case No.-376 Year-2024 Thana- GOH District- Aurangabad ====================================================== Dharmendra Saw S/o- Lakshaman Saw Village- Goh Po- Goh Ps- Goh DistAurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar For the Opposite Party/s :

Mr. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-03-2025

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Goh Police Station Case No. 376 of 2024, disclosing offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, on 28.12.2024, Puja Sharma, a police officer at Goh Police Station, received secret information that the petitioner and co-accused were storing and selling illegal foreign liquor. After informing the S.H.O, she raided the location at 09:25 A.M. and recovered 33 liters of foreign liquor from the petitioner's house, hidden in cartons and plastic buckets.

4. Learned Counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged

Patna High Court CR. MISC. No.6756 of 2025(2) dt.18-03-2025 2/2 and he has falsely been implicated in the present case. Nothing has been recovered from the conscious possession of the petitioner. Petitioner was not present at the place of occurrence. There is no overt act of the petitioner which can suggest the involvement of the petitioner. There is no iota of evidence against the petitioner in the whole case and the prosecution story is mala-fide in nature. Petitioner is having no criminal antecedent.

5. After having heard learned Counsel for the parties and taking into consideration the fact that from seizure list it is apparent that illicit liquor has been recovered from the house of the petitioner as such prima facie offence under the Bihar Prohibition and Excise Act, 2016 is made out and the Hon'ble Full Bench of this Court has held that anticipatory bail in such cases in not maintainable. Accordingly, in view of the law laid down by the Full Bench in Criminal Appeal (SJ) No. 431 of 2019, I am not inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, rejected. (Anil Kumar Sinha, J) HarshPandey/- U T