Dhananjay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33438 of 2025 Arising Out of PS. Case No.-311 Year-2025 Thana- Excise P.S. District- Aurangabad ====================================================== Dhananjay Singh, S/o- Ramparwesh Singh, Resident of village-Mirzapur, P.S.- Kutumba, Dist- Aurangabad.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Adarsh Singh, Advocate For the Opposite Party/s :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner is named in the FIR and apprehending his arrest in connection with Aurangabad Excise P.S. Case No.311 of 2025 registered under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 52.500 liters of IMFL/country-made liquor.

4. It is submitted by learned counsel for the petitioner that the petitioner implicated with present case only being the registered owner of motorcycle bearing Registration

Patna High Court CR. MISC. No.33438 of 2025(2) dt.20-05-2025 2/3 No. BR26V-6091, which was found carrying illicit liquor. It is submitted that the motorcycle in issue was given to coaccused Deepak Paswan in good faith being co-villager for personal use but, same was misused and the act of coaccused Deepak Paswan qua misuse was not in the knowledge of this petitioner and, therefore, it can be safely said that recovery of illicit liquor was not made from conscious physical possession of this petitioner, who is otherwise a man of clean antecedent.

5. Learned APP opposed the prayer of anticipatory bail to the petitioner.

6. In view of aforesaid factual submissions and by taking of note of fact as recovery of illicit liquor prima facie not appears to be made from conscious physical possession of this petitioner, who is a man of clean antecedent, accordingly, the petitioner, above-named, in the event of his arrest or surrender in the court below within a period of four weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.33438 of 2025(2) dt.20-05-2025 3/3 learned Exclusive Special Judge, Excise Court No.-II, Aurangabad (Bihar) in connection with Aurangabad Excise P.S. Case No.311 of 2025, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J.) Sanjeet/- U T