Dharmendra Kumar Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53566 of 2025 Arising Out of PS. Case No.-174 Year-2021 Thana- PALIGANJ District- Patna ====================================================== Dharmendra Kumar Verma S/o Moti Lal Mahto R/o Village- Madhopur, P.S.- Bihta, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Patanjali Rishi For the Opposite Party/s :

Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-11-2025

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 Paliganj Police Station Case No. 174 of 2021, dated 31.05.2021, disclosing offence under Sections 420 of the Indian Penal Code and Sections 30(a)/37(b)/37(c) of the Bihar Prohibition and Excise Act.

3. The prosecution story, as per the First Information Report, is that while on patrolling duty near Krishi Bhawan on Mahabalipur-Paliganj Road, the police received information that liquor was being transported on a pickup vehicle. During vehicle checking, the informant saw a pick-up van and a Innova car coming from the side of

Patna High Court CR. MISC. No.53566 of 2025(3) dt.15-11-2025 2/3 Mahabalipur. Upon seeing the police, both vehicles tried to flee away, but were intercepted and drivers of both vehicles were apprehended. The driver of the Innova vehicle, bearing registration no. BR01PB7832, identified himself as Subodh Kumar. On search, 6.37 litres of foreign liquor was recovered from under the back seat of the Innova vehicle. The apprehended person disclosed liquor had been procured at the instance of co-accused Dhananjay Kumar, who succeeded in fleeing away. It has further been alleged that the driver was under influence of alcohol upon breath analyzer test.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case merely because he happens to be the registered owner of the said Innova car. He next submits that the vehicle, from where illicit liquor has been recovered, was lent to an acquaintance and the petitioner had no knowledge about illicit liquor being kept therein. The petitioner has got no criminal antecedent.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the petitioner has been made accused only because he

Patna High Court CR. MISC. No.53566 of 2025(3) dt.15-11-2025 3/3 happens to be the registered owner of the motorcycle, which was lent to an acquaintance, 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 Special Excise Judge, Danapur, Patna, in connection with Paliganj Police Station Case No. 174 of 2021, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) ashwani/- U T