Dhiraj Kumar Singh @ Dhiraj Kumar @ Kari Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71199 of 2025 Arising Out of PS. Case No.-280 Year-2025 Thana- Excise P.S. District- Begusarai ====================================================== Dhiraj Kumar Singh @ Dhiraj Kumar @ Kari Singh S/o Late Ranjit Singh @ Ranjeet Singh @ Umesh Singh R/o Village- Suro, Ward No. 11, P.S.- Bachhwara, District- Begusarai. Presently Reside3nt of Dumri Nala Road, Ward No. 7, P.S.- Singhaul, Distt.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Khushi Awadh For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-11-2025 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State, Sri Chandra Bhushan Prasad. 2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

3.

Learned APP, Sri Chandra Bhushan Prasad, submits that the case was taken up on 15-10-2025, when antecedent report of the petitioner was called for, and the same has been received and from perusal of the same, it manifests that petitioner has antecedent of one case.

4.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 190.940 litres of liquor from a concrete box.

Patna High Court CR. MISC. No.71199 of 2025(3) dt.18-11-2025 2/3 5.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even the alleged recovery is from a place which does not belongs to the petitioner and is accessible to public at large and he came to be implicated at the instance of local person, but then it is submitted that police in mechanical manner investigates and implicates either at the instance of Chowkidar, local person, confessional statement or secret information without holding a proper investigation.

6.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

7.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on Provisional anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Excise P.S. Case No. 280 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.

Patna High Court CR. MISC. No.71199 of 2025(3) dt.18-11-2025 3/3 8.

It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of more than one case then it would be presumed that petitioner, for the purposes of seeking anticipatory bail, had concealed his antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed, but after verification if it is found that petitioner has antecedent of one case in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) Sumit/- U T