Dhananjay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49989 of 2025 Arising Out of PS. Case No.-17 Year-2025 Thana- ARWAL District- Jehanabad ====================================================== Dhananjay Singh S/o Kamla Singh R/o Defence Colony, Chandmari, Danapur, PS- Shahpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rounak Sinha, Advocate For the Opposite Party/s :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Arwal P.S. Case No. 17 of 2025 registered for the offences punishable under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act and Sections 338, 336(3), 340(2), 317(5), 3(5) of the Bhartiya Nyaya Sanhita, 2023.

3.

As per prosecution case, the police has recovered total 18 liters of illicit foreign liquor from the vehicle bearing Regd. No. BR01PH9877.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case due to highhandedness of the police. The petitioner

Patna High Court CR. MISC. No.49989 of 2025(2) dt.18-07-2025 2/3 is the bonafide owner of the alleged vehicle bearing Reg. No. BR01PH9877. The petitioner is neither driver nor was sitting on the same. He further submits that as the petitioner was not caught on the spot, nothing incriminating has been recovered from his conscious possession. There is no allegation of direct or indirect involvement of the petitioner in the alleged occurrence. The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present anticipatory bail application. The petitioner has no concern with the alleged occurrence or the seized liquor. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. Other co-accused has been granted bail by this Court vide order dated 24-03-2025, passed in Cr. Misc. No. 17696 of 2025.

5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6.

Considering the entire facts and circumstances of the case and taking into account the submissions made by the learned counsel for the petitioner, let the petitioner abovenamed, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of

Patna High Court CR. MISC. No.49989 of 2025(2) dt.18-07-2025 3/3 Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Arwal P.S. Case No. 17 of 2025, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Rudra Prakash Mishra, J) rishi/- U