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Patna High CourtCR. MISC./56769/2025allowed

Dhananjay Kumar @ Karu v. The State Of Bihar

2025-09-08Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56769 of 2025 Arising Out of PS. Case No.-101 Year-2025 Thana- EKANGARSARAI District- Nalanda ====================================================== Dhananjay Kumar @ Karu S/o Late Balindar Prasad, R/o Village - Dhanhar, P.S. - Ekangar Sarai, Dist.- Nalanda (Bihar). ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Kumar, Advocate.

For the Opposite Party/s :

Mr. Ahmad Ali, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Ekangasarai P.S. Case No.101 of 2025 instituted under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 33.84 litre illicit English liquor from the house of the petitioner. It is alleged that the petitioner was not present at his house.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case only on the basis of statement of his cousin sister. He further submits that the alleged recovery of liquor has been made from the joint house which is used by all the family members. Learned counsel submits that petitioner had no

Patna High Court CR. MISC. No.56769 of 2025(2) dt.08-09-2025 2/2 knowledge about the said recovery as he was not present on the spot. He further submits that no incriminating article has been recovered from the conscious possession of petitioner and he has no concern with the alleged seized liquor. Learned counsel submits that petitioner has no criminal antecedent and he undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the concerned Court within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise, Hilsa, Nalanda in connection with Ekangasarai P.S. Case No.101 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. (Sunil Dutta Mishra, J) Ritik/- U T