Dhirendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51479 of 2025 Arising Out of PS. Case No.-71 Year-2025 Thana- TURKAULIYA District- East Champaran ====================================================== Dhirendra Kumar S/o Vinod Singh @ Vinod Kumar Singh R/o of Vill.- Balahi, P.S.- Turkauliya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mrs. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-07-2025 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 Sections 30(a), 41(1) of the Bihar Prohibition and Excise (Amendment) Act.

3. As per prosecution case, 110 litres of illicit country made liquor was recovered from the bank of Balahi river.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from conscious possession of this petitioner. The name of the petitioner has been disclosed by the local chaukidar. The alleged illicit liquor has been recovered from an open place, which is accessible to one and all. Petitioner has got

Patna High Court CR. MISC. No.51479 of 2025(2) dt.31-07-2025 2/2 one criminal antecedent of similar nature in which he is already on bail.

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

6. Considering the nature of accusation and the fact that no incriminating article has been recovered from conscious possession of this petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court No.1, Motihari, East Champaran, in connection with Turkauliya P.S. Case No. 71 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S..

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