Dharmendra Kumar @ Dharmendra Mukhiya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88038 of 2024 Arising Out of PS. Case No.-166 Year-2024 Thana- BAJPATTI District- Sitamarhi ====================================================== Dharmendra Kumar @ Dharmendra Mukhiya Kumar S/o Gonaur Mukhiya R/o village - Madhurapur, P.S. - Bajpatti, Dist. - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Virendra Kumar, Advocate For the State :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-03-2025 Heard learned counsels for the parties.

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

3. As per prosecution case, 19.200 litres illicit liquor has been recovered from behind the house of this petitioner.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. Petitioner has got no concern with the alleged recovery and he has falsely been implicated in this case merely on suspicion. No incriminating material has been recovered from the conscious possession of this petitioner. The alleged recovery is from an open place which is accessible to one and all. Petitioner claims clean antecedents.

Patna High Court CR. MISC. No.88038 of 2024(2) dt.27-03-2025 2/2

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the nature of accusation, the fact that no incriminating article has been recovered from conscious possession of this petitioner and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged 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 Excise Judge-II, Sitamarhi in connection with Bajpatti P.S. Case No. 166 of 2024, subject to condition as laid down under Section 482(2) of the B.N.S.S..

(Prabhat Kumar Singh, J) shashank/- U T