Dhananjai Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36852 of 2025 Arising Out of PS. Case No.-35 Year-2025 Thana- BISFI District- Madhubani ====================================================== Dhananjai Thakur S/O Sri Jyoteesh Thakur R/O Village- Raghauli, Ps- Bisfi, District- Madhubani ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Murari Narain Chaudhary For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 20-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in a case instituted for the offence punishable under Section 30(a) and 41 of Bihar Prohibition & Excise Act.

3. Prosecution case relates to recovery of 1232.7 litres of Indian Made Foreign Liquor from the cow shed of the petitioner. Petitioner was alleged to fled from the place of recovery.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and

Patna High Court CR. MISC. No.36852 of 2025(2) dt.20-06-2025 2/3 has committed no offence. He has no concern with the alleged recovery. The name of petitioner sprang up in this case on the disclosure of local Chowkidar as a person who fled away from the place of seizure. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. It is further submitted that proper procedure of search and seizure has not been followed in this case.

5. Learned A.P.P. for the State has vehemently opposed the prayer of bail.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Bisfi P.S. Case no. 35 of 2025, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to

Patna High Court CR. MISC. No.36852 of 2025(2) dt.20-06-2025 3/3 the satisfaction of learned Exclusive Special Judge, (Excise Court), Madhubani subject to the conditions as laid down under section 438(2) of the Cr.P.C. (S. B. Pd. Singh, J) Nirajkrs/- U T