Dhirenjar @ Nitish v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62413 of 2025 Arising Out of PS. Case No.-471 Year-2023 Thana- MALSALAMI District- Patna ====================================================== Dhirenjar @ Nitish S/o Nanda Rai R/o Village - Japharabad Sukumarpur Jahengirpur, P.S - Raghopur, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Kumar For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-09-2025

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application for grant of anticipatory bail arises out of Malsalami Police Station Case No. 471 of 2023, dated 07.07.2023, disclosing offence under Section 30(a)/36 of the Bihar Prohibition and Excise Act.

3. The prosecution story, as per the First Information Report, is that on 07.07.2023, while on patrolling duty, the police intercepted two motorcycles loaded with jute bags. On seeing the police, one of the riders fled away, while another was apprehended, who disclosed his name as Ranjan Kumar and upon enquiry disclosed the name of the petitioner. Upon search of the motorcycles, 100 litres

Patna High Court CR. MISC. No.62413 of 2025(2) dt.24-09-2025 2/3 of country-made liquor was recovered.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case on the basis of confessional statement of arrested coaccused Ranjan Kumar. He next submits that the vehicle, in question, does not belong to the petitioner and illicit liquor has not been recovered from the conscious possession of the petitioner and/or vehicle belonging to him.

5. Regards being had to the submission advanced by learned counsel for the parties and taking into consideration the fact that the petitioner is not the owner of the motorcycle, from where illicit liquor has been recovered, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released 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 Court of Excise, Patna City, in connection with Malsalami Police Station Case No. 471 of 2023, subject to the condition

Patna High Court CR. MISC. No.62413 of 2025(2) dt.24-09-2025 3/3 laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) ashwani/- U T