Dhanraj Rajvanshi @ Dhanraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85063 of 2024 Arising Out of PS. Case No.-365 Year-2024 Thana- Excise P.S. District- Nalanda ====================================================== Dhanraj Rajvanshi @ Dhanraj Kumar Son of Dhuri Rajvanshi VillageDayaram Nagar, PS- Rajgir, Distt -Nalanda P/A- Village- Ujjarpur, Ps- Rajgir, Dist- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-01-2025

1. Heard the parties.

2. The petitioner apprehends his arrest in connection with Excise P.S. Case No. 365 of 2024 dated 29.08.2024 registered under Section 30 (a) of the Bihar Prohibition & Excise Act.

3. As per the first information report on 29.08.2024 on the basis of secret information the Police started vehicle checking and during course of checking two motorcycles were intercepted, the persons driving the motorcycles tried to flee away, however, one person was caught and the other succeeded in fleeing away. The arrested accused person disclosed the name of the petitioner, as the person who succeeded in fleeing away. On search, 100 liters of illicit country made liquor was recovered from the two motorcycles.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.85063 of 2024(2) dt.08-01-2025 2/2 petitioner is not the owner of the motorcycle and he was not driving the same at the time of search and seizure. His name was disclosed by the arrested accused person. The petitioner is not having any criminal antecedent.

5. Regard being had to the submission made by the parties, taking into consideration the fact that the petitioner is not the owner of the motorcycle in question as stated in paragraph no. 8 of the petition and he is having no criminal antecedent, as such, I am inclined to grant anticipatory bail to the petitioner.

6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of IV Additional Sessions Judge cum Special Judge Excise (II), Bihar Sarif at Nalanda in connection with Excise P.S. Case No. 365 of 2024 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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