Dinesh Rai @ Fauji @ Dinesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40438 of 2025 Arising Out of PS. Case No.-2333 Year-2024 Thana- Excise P.S. District- Muzaffarpur ====================================================== Dinesh Rai @ Fauji @ Dinesh Kumar S/O Ram Naresh Rai @ Naresh Rai R/O Village- Chakanthua, P.S.- Vaishali, District- Vaishali ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vasant Vikas For the Opposite Party/s :
Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 15-07-2025 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 connection with Muzaffarpur Excise P.S. Case no. 2333 of 2024 instituted for the offence under Sections 30(a) and 32(3) of the Bihar Prohibition of Excise Act.
3. Prosecution case relates to recovery of 1470 litres of illicit liquor and it is also alleged that petitioner is engaged in trade of illicit liquor.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner has no concern with the
Patna High Court CR. MISC. No.40438 of 2025(2) dt.15-07-2025 2/3 alleged recovery or with the vehicle in question. The name of the petitioner has been disclosed in this case by the apprehended accused person before the police, which has got no evidentiary value in the eye of law. Neither the petitioner was arrested nor any incriminating article has been recovered from his possession. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 2.5.2025 passed in Cr. Misc. No. 21709 of 2025.
5. Learned APP appearing for the State has 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 Muzaffarpur Excise P.S. Case No. 2333 of 2024, 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 the satisfaction of learned Exclusive Spl. Excise
Patna High Court CR. MISC. No.40438 of 2025(2) dt.15-07-2025 3/3 Judge-II, Muzaffarpur subject to the conditions as laid down under section 482 of the BNSS.
(S. B. Pd. Singh, J) sushma/- U