Dhiraj Kumar @ Dheeraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41155 of 2025 Arising Out of PS. Case No.-585 Year-2024 Thana- MALSALAMI District- Patna ====================================================== Dhiraj Kumar @ Dheeraj Kumar S/O Nagendra Singh R/O Village- Asoi Lakshiram, PS- Bhagwanpur, Distt- Vaishali(Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raja Ram Rai, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-07-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. appearing on behalf of the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 200 litres of Mahua liquor was recovered from motorcycle of which this petitioner is registered owner.

4. Learned counsel for the petitioner submits that the vehicle in question was stolen for which he has lodged compliant on 20.01.2025. It is further submitted that the petitioner has falsely been implicated in this case merely because he happens to be owner of the vehicle in question. Nothing has been recovered from the conscious possession of

Patna High Court CR. MISC. No.41155 of 2025(2) dt.02-07-2025 2/2 this petitioner. Petitioner claims clean antecedents.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner and submitted that the petitioner has not produced any document to show that the car has been stolen or sold to any other person.

6. Considering the nature of accusation and the fact remains that the petitioner on the date of recovery is the owner of the said vehicle, the prayer for grant of anticipatory bail to the petitioner is rejected.

(Prabhat Kumar Singh, J) Neha/- U T