Dheeraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54092 of 2025 Arising Out of PS. Case No.-395 Year-2024 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Dheeraj Kumar S/O Dobhri Singh @ Dhobari SIngh @ Dobhri R/O VillageAsurari, (Ashurari) Ward No. 11, Near mandir Bihat, P.S.- Barauni, DistrictBegusarai ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Sandip Kumar Gautam, Advocate For the State :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-08-2025 Heard Mr. Sandip Kumar Gautam, learned counsel appearing on behalf of the petitioner and Mr. Umeshanand Pandit, 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, 2 co-accused persons, namely Rikesh Kumar and Sujit Kumar, were apprehend and on search, total 375 Ml. illicit liquor and one motorcycle was seized. Petitioner is registered owner of the said motorcycle.

4. It is submitted by learned counsel appearing on

Patna High Court CR. MISC. No.54092 of 2025(2) dt.13-08-2025 2/3 behalf of the petitioner that petitioner has falsely been implicated in this case merely because he happens to be owner of the vehicle in question. No incriminating article has been recovered from the conscious possession of this petitioner or his motorcycle. As a matter of fact, without the knowledge and consent of this petitioner, his vehicle was being used for transportation of illicit liquor. 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.

6. Considering the nature of accusation, fact that no incriminating article has been recovered from conscious possession of this petitioner and clean antecedents, 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 Exclusive Special Excise Judge-I, Begusarai in connection with Muffasil P.S. Case No.

Patna High Court CR. MISC. No.54092 of 2025(2) dt.13-08-2025 3/3 395 of 2024, subject to condition as laid down under Section 482(2) of the B.N.S.S..

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