Dhanjee Kumar Singh @ Dhanji Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23305 of 2025 Arising Out of PS. Case No.-46 Year-2025 Thana- NAVINAGAR District- Aurangabad ====================================================== Dhanjee Kumar Singh @ Dhanji Singh Son of Late Brijnath Singh Resident of Village -Salukpur, PS- Akodhigola, Dist- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar Singh, Advocate For the Opposite Party/s :
Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 30-04-2025 Heard Mr. Abhishek Kumar Singh, learned counsel appearing on behalf of the petitioner and Mr. Umeshanand Pandit, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Navinagar P.S. Case No. 46 of 2025 registered for the offence punishable under Sections Sections 30(a) of the Bihar Excise and Prohibition (Amendment) Act.
3. Allegation is of recovery of 950 ml of illicit liquor from a vehicle bearing Registration No. BR-03PA-4677, which is registered in the name of the petitioner. The petitioner has not been named in the FIR and only on the basis of registration number of the seized vehicle, he has been made accused in the present case.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.23305 of 2025(2) dt.30-04-2025 2/3 petitioner submits that the petitioner has been falsely implicated in the case. The petitioner was not present at the time of the alleged seizure. Name of the petitioner has surfaced in the present case, on the basis of Registration number of the vehicle bearing Registration No. BR-03PA-4677, which is registered in the name of the petitioner. He has no concern either with the seized liquor or trade of liquor in any manner. The petitioner has clean antecedent. On these grounds the 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 to the petitioner.
6. Considering the rival submissions made on behalf of the parties, as well as, the fact that the petitioner has not been named in the FIR and he was not present at the time of the alleged seizure and his name has surfaced on the basis of Registration number of the vehicle bearing Registration No. BR-03PA-4677, which is registered in his name, I find that, the petitioner, who is the owner of the vehicle, has, prima facie, made out a case to be released on pre-arrest bail.
7. 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
Patna High Court CR. MISC. No.23305 of 2025(2) dt.30-04-2025 3/3 from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned District & Additional Sessions Judgecum-Special Judge, Excise Court No.1, Aurangabad in connection with Navinagar P.S. Case No. 46 of 2025, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
8. The learned District Court is directed to verify the criminal antecedent of the petitioner and if it is found that 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