Patna High CourtCR. MISC./54052/2025bail granted

Dhanajay Kumar v. The State Of Bihar

2025-09-12Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54052 of 2025 Arising Out of PS. Case No.-571 Year-2024 Thana- MANER District- Patna ====================================================== Dhanajay Kumar, Male, aged about 22 years, S/o Mahesh Ray, Resident of - New Gosai Tola Sultanpur, Dalip Chak, P.S.- Danapur, District- Patna801503 ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Jay Karn, Advocate For the Opposite Party :

Mr. Md. Nazir Ansari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Maner P.S. Case No. 571 of 2024 dated 25.08.2024 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution case, 960 litres of illicit foreign liquor was recovered from the boat, 24 litres of illicit foreign liquor was recovered from the Scooty and 24 litres of illicit foreign liquor was recovered from the Motorcycle in question i.e., total 1008 litres of foreign liquor was recovered.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.54052 of 2025(2) dt.12-09-2025 2/3 that the petitioner is innocent and has falsely been implicated in this case. The petitioner was not arrested on the spot. It is submitted that no incriminating article has been recovered from the possession of the petitioner. The name of the petitioner has surfaced in the present case only because the petitioner is registered owner of the Scooty bearing Registration No. BR01HW1333 from which 24 litres of illicit foreign liquor was recovered. It is further submitted that except the aforesaid, there is nothing on record to suggest the implication of the petitioner in the present case. The petitioner has no concern with the seized illicit liquor and he had no knowledge that the illicit liquor was kept on the said Scooty. It is further submitted that the other co-accused person, namely, Lallu Rai has already been granted anticipatory bail by a Bench of this Court in Cr. Misc. No. 78897 of 2024 vide order dated 07.02.2025. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, the petitioner, above named, in the event of his arrest

Patna High Court CR. MISC. No.54052 of 2025(2) dt.12-09-2025 3/3 or surrender within a period of six weeks from today, is directed to be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge, Danapur, Patna, Bihar in connection with Maner P.S. Case No. 571 of 2024, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T