IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21644 of 2025 Arising Out of PS. Case No.-880 Year-2024 Thana- Excise P.S. District- Nawada ====================================================== Dhiru Kumar Son of Upendra Yadav Resident of Village- Aiva, P.S.- Fatehpur, District- Gaya, ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Man Mohan Kumar For the Opposite Party/s : Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 02-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner is apprehending his arrest in connection with Nawada Excise P.S. Case No. 880/2024 registered for the offences punishable under Section 30(a), 47 of the Bihar Prohibition and Excise Act. 3. As per prosecution case, there was alleged recovery of total 16 liters country made liquor from the motorcycle in question. It is alleged that 06 liters was recovered from dickey of the motorcycle in question and 10 liters was recovered from co-accused Uday Kumar who was sitting as a pillion rider. FIR has been lodged against the owner of the said motorcycle in question. 4. Learned counsel for the petitioner submits that Patna High Court CR. MISC. No.21644 of 2025(2) dt.02-05-2025 2/3 petitioner is innocent and has committed no offence as alleged in the FIR. The petitioner bears no criminal antecedent. The petitioner is not named in the FIR and his has been surfaced in this case as the owner of the motorcycle in question. Nothing has been recovered either from the conscious possession of the petitioner or from his house. He further submits that it is mentioned in para 8 of the bail petition that petitoner had given the said motorcycle as a gift to his brother-in-law (Bahnoi) namely Nitish Kumar at the time of marriage but the registration of the said motorcycle remained in the name of the petitioner. He further submits that petitioner has been made accused in this case merely because of the illegal activities of his brother-in- law. In the light of aforesaid facts and circumstances of the case, no case is made against the petitioner under the Bihar Provision of Excise Act. 5. The learned A.P.P. for the State opposed the prayer for anticipatory bail of the petitioner and submits that the petitioner is the owner of the motorcycle in question. 6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner Patna High Court CR. MISC. No.21644 of 2025(2) dt.02-05-2025 3/3 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 anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Court- Excise-2, Nawada in connection with Nawada Excise P.S. Case No. 880/2024, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023. amitkumar/- (Alok Kumar Pandey, J) U T