Dhananjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36203 of 2025 Arising Out of PS. Case No.-236 Year-2024 Thana- BARIYARPUR District- Munger ====================================================== Dhananjay Kumar S/O Anil Mandal R/O Village- Antiram Tola, Ithari, P.SBariarpur, Distt.- Munger. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gun Sagar Mahto For the Opposite Party/s :
Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-06-2025
1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application for grant of anticipatory bail arises out of Bariarpur Police Station Case No. 236 of 2024, dated 01.11.2024, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as 'the Act').
3. The prosecution case, as per the First Information Report, is that the police on the basis of secret information reached at the bank of river near Kalyanpur Tola and saw that two persons were standing there having gallons and jar in their hands. On seeing the police party they started fleeing away and succeeded in the same. The police recovered and seized 100 liters of country-made liquor
Patna High Court CR. MISC. No.36203 of 2025(2) dt.18-06-2025 2/3 kept in the gallon and jar.
4. Learned counsel for the petitioner submits that the petitioner has been made accused on the basis of secret information and he is having no criminal antecedent. He next submits that illicit liquor has not been recovered from conscious possession and/or premises belonging to the petitioner and same has been recovered from near the bank of river which is open space accessible to all and sundry.
5. Regards being had to the submission made by the parties and taking into consideration the fact that illicit liquor has not been recovered from conscious possession and/or premises belonging to the petitioner and the petitioner is having no criminal antecedent, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four 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 satisfaction of the learned Exclusive Special Judge, Excise - I, Munger, in connection with Bariarpur Police
Patna High Court CR. MISC. No.36203 of 2025(2) dt.18-06-2025 3/3 Station Case No. 236 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) ashwani/- U T