Dhiraj Modi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26536 of 2025 Arising Out of PS. Case No.-12 Year-2025 Thana- Excise P.S. District- Lakhisarai ====================================================== Dhiraj Modi S/o Munna Modi Resident of Village- Ramtola Balu Par, P.S.- Lakhisarai, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shaukat Alam For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 07-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Excise P.S. Case No. 12c2 of 2025 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2022.

3. As per prosecution case, there is alleged recovery of 15 litre mahua liquor from the motorcycle in question bearing registration no. BR53H2529. Co-accused Chotu Kumar and Piyush Kumar were apprehended at the place of occurrence.

4. Learned counsel for the petitioner orally submits that petitioner is not named in the FIR and his name has been transpired in the present case as owner of the motorcycle in

Patna High Court CR. MISC. No.26536 of 2025(2) dt.07-05-2025 2/3 question. He further submits that petitioner has no knowledge that his vehicle has been misused by other person. He further submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Petitioner bears no criminal antecedent. Petitioner is not found at the place of occurrence.

5. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge & Sessions Judge Vth Cum Excise Court IInd, Lakhisarai in connection with Excise P.S. Case No. 12c2 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.

Patna High Court CR. MISC. No.26536 of 2025(2) dt.07-05-2025 3/3 (Alok Kumar Pandey, J) vashudha/- U T