Dharmendra Singh @ Kanhaiya Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83784 of 2025 Arising Out of PS. Case No.-144 Year-2025 Thana- EXCISE BENIPUR District- Darbhanga ====================================================== Dharmendra Singh @ Kanhaiya Singh, Son of Siya Ram Singh, R/O Village - Mahthaur,P.S - Manigachhi, District - Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nawal Kishor Prasad, Advocate.
For the State :
Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 10-12-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Excise P.S. Benipur Case No. 144 of 2025 dated 25.09.2025 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.
3. As per allegation, 25.470 litres of illicit foreign liquor has been recovered from the bush situated in an orchard.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner is no way involved in the alleged offence. The recovery has been made from an open space accessible to public at large and hence, no prima facie
Patna High Court CR. MISC. No.83784 of 2025(2) dt.10-12-2025 2/3 case is made out against the petitioner.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has been made accused in three other cases of similar nature in which he is on bail
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering that no prima facie case is made out against the petitioner, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned court below in connection with Excise P.S. Benipur Case No. 144 of 2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S 2023, and on the following conditions: (i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedent other than
Patna High Court CR. MISC. No.83784 of 2025(2) dt.10-12-2025 3/3 the disclosed one, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) S.Ali/- U T