Harendra Dikshit @ Harendra Dixit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23235 of 2025 Arising Out of PS. Case No.-9 Year-2025 Thana- BHAGWANPUR District- Kaimur (Bhabua) ====================================================== Harendra Dikshit @ Harendra Dixit S/O Dasarath Dikshit R/O VillageRajake Akodhi, P.S.- Belaon, Distt.- Kaimur at Bhabua. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 30-04-2025 Heard Mr. Tribhuwan Narayan, learned counsel appearing on behalf of the petitioner and Mr. Damodar Prasad Tiwary, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Bhagwanpur (Beloan) P.S. Case No. 09 of 2025 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the allegation made in the FIR, 2.25 litres of country made liquor was recovered from the possession of a coaccused lady namely Guldawati Devi (mother of the petitioner).

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has been falsely implicated in the case. He has no concern either with the

Patna High Court CR. MISC. No.23235 of 2025(2) dt.30-04-2025 2/3 seized liquor or trade of liquor in any manner, which has been prohibited in the State of Bihar. Learned counsel submitted that no recovery has been made from the possession of the petitioner. The name of the petitioner surfaced in the confessional statement of one co-accused lady namely Guldawati Devi (mother of the petitioner), from whose possession illicit liquor was recovered. On these grounds, petitioner seeks to be released on pre-arrest bail.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation made against the petitioner, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court No.II, Kaimur at Bhabua/successor court in connection with Bhagwanpur (Beloan) P.S. Case No. 09 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS, 2023.

7. The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that

Patna High Court CR. MISC. No.23235 of 2025(2) dt.30-04-2025 3/3 the petitioner is involved in some other cases, as what has been stated in Para-3 of the bail petition, this order will automatically lose its force.

(Purnendu Singh, J) Ashishsingh/- U T