Dhiraj Kumar Singh @ Dhiraj Kumar @ Dhiraj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40985 of 2025 Arising Out of PS. Case No.-138 Year-2025 Thana- Excise P.S. District- Gopalganj ====================================================== Dhiraj Kumar Singh @ Dhiraj Kumar @ Dhiraj Singh S/O Ajay Singh @ Ajay Kunwar Resident of village- Dilawarpur, P.S.- Kaleyanpur, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewanand Tiwari, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Excise P.S. Case No. 138 of 2025 instituted for the offences punishable under Sections 30(a), 32 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 629.820 litres of liquor was recovered from truck.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. The petitioner was neither apprehended on the place of occurrence nor anything incriminating has been recovered

Patna High Court CR. MISC. No.40985 of 2025(3) dt.10-09-2025 2/3 from the conscious possession of the petitioner. Learned counsel further submitted that petitioner is not the owner of the alleged truck. The name of the petitioner has surfaced in this case on the basis of the disclosures made by the coaccused. The police arrested the petitioner and got the signature on the plain paper and converted the same in to seizure list. The petitioner has one criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. He further submits that the coaccused have already been granted bail by this Court vide order dated 01.05.2025 passed in Cr. Misc. No. 28288 of 2025.

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

6. Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.15,000/- (Fifteen Thousand) with two sureties of the like amount each

Patna High Court CR. MISC. No.40985 of 2025(3) dt.10-09-2025 3/3 to the satisfaction of Court below/concerned Court in connection with Excise P.S. Case No. 138 of 2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S.

(Rudra Prakash Mishra, J) rishi/- U T