Dhiraj Kumar @ Dhiraj Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11644 of 2025 Arising Out of PS. Case No.-75 Year-2024 Thana- Garahara District- Begusarai ====================================================== Dhiraj Kumar @ Dhiraj Mahto S/o- Arjun Mahto Village- Thakurichal Ward No-3, Near Devi Asthan,Thakurichak, P S-Garhara District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Saket Kumar, Advocate For the Opposite Party/s :
Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-04-2025 1.
Heard learned Counsel for the petitioner and learned APP for the State.
2.
This application, for grant of anticipatory bail, arises out of Garhara PS case no. 75 of 2024 dated 17.12.2024, disclosing offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.
3.
The prosecution story, as per the First Information report, is that on 17.12.2024, police got secret information that some persons have kept foreign liquor in a bag in the banana orchard situated in front of house of Shiv Shankar Rai. Upon information, police reached near the place of occurrence and on seeing the police, 4-5 persons started fleeing away and succeeded in the same. The police recovered
Patna High Court CR. MISC. No.11644 of 2025(2) dt.02-04-2025 2/3 62.64 liters of foreign liquor from the banana orchard. The name of the petitioner and others was disclosed by the spy and the local people.
4.
Learned Counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and has been made accused on the basis of disclosure of his name by spy and local people. He further submits that illicit liquor has not been recovered from the conscious possession and/ or from the premises belonging to the petitioner but the same has been recovered from the banana orchard, which is an open space accessible to everyone. 5.
Having regard to the submissions made on behalf of the parties and taking into consideration the fact that illicit liquor has not been recovered from the premises belonging to the petitioner, however the same has been recovered from an open space, I am inclined to grant the privilege of anticipatory bail to the petitioner.
6.
This application is, accordingly, allowed.
7.
Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.11644 of 2025(2) dt.02-04-2025 3/3 satisfaction of learned Exclusive Special Judge, Excise Act1st, Begusarai in connection with Garhara PS case no. 75 of 2024, subject to the condition laid down under Section 438
(2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) rinkee/- U T