Dhanjee Gupta @ Dhanjee Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76619 of 2025 Arising Out of PS. Case No.-193 Year-2025 Thana- DALMIYA NAGAR SAHAYAK District- Rohtas ====================================================== 1.

Dhanjee Gupta @ Dhanjee Kumar S/o- Satyendra Gupta @ Satyendra Prasad @ Bablu Kumar Gupta R/o Village-Gangauli, P.S.- Dalmianagar, Dist- Rohtas (Bihar) 2.

Babloo Gupta @ Bablu Kumar Gupta S/o- Vishwanath Gupta @ Bishwanath Prasad Gupta R/o Village-Gangauli, P.S.- Dalmianagar, Dist- Rohtas (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sarfraz Ahmad For the Opposite Party/s :

Mr. Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-11-2025

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2022.

3. Learned counsel for the petitioners submits that petitioner no.1 is a person with clean antecedent and petitioner no.2 has antecedent of one case and allegation is of recovery of 10 litres of liquor from a sack along with a motorcycle. It is next submitted that petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and are not the owners of the seized motorcycle and they came

Patna High Court CR. MISC. No.76619 of 2025(2) dt.19-11-2025 2/3 to be implicated at the instance of villager but the name of the person who disclosed the name of the petitioners is not disclosed in the FIR, which casts an aspersion on the case of the prosecution.

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

5. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.5000/- (Rupees Five thousand) each 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 Dalmiyanagar P.S. Case No.193/2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.

6. It is made clear that the learned trial court thereafter shall verify the criminal antecedents of the petitioners and in the event if it is found that petitioner no.1 has antecedent of even one case and petitioner no.2 has antecedent of more than one case, in that event, it would be presumed that petitioners had concealed their antecedent before this court, as such, the

Patna High Court CR. MISC. No.76619 of 2025(2) dt.19-11-2025 3/3 provisional anticipatory bail order shall not be confirmed but if on verification it is found that petitioner no.1 is a person with clean antecedent and petitioner no.2 has antecedent of one case, in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) amit/- U T