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2025 DAILYLAW 68557 (PAT)

Dhiraj Kumar Singh @ Dhiraj Kumar v. The State of Bihar

CR. MISC./56423/2025 · 2025-09-08

Sunil Dutta Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.56423 of 2025 Arising Out of PS. Case No.-189 Year-2025 Thana- GHORASAHAN District- East Champaran ====================================================== Dhiraj Kumar Singh @ Dhiraj Kumar S/O Late Girajanandan Singh R/O Village- Barwa Khurd, P.S.- Kundawa Chainpur, District- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rahul Singh, Adv For the Opposite Party/s : Mr. Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 2 08-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner apprehends arrest in a case registered under Section 317(5) BNS and Section 30(a), 41(1) of the Bihar Prohibition and Excise Act. 3. As per the prosecution case, during the search of the vehicle, 253.80 litre Nepali Kasturi was recovered from the motorcycle. One co-accused Rahul Kumar was arrested who had disclosed the name of petitioner that he fled away from the spot and he also disclosed that the said liquor belongs to the petitioner. 4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this Patna High Court CR. MISC. No.56423 of 2025(2) dt.08-09-2025 2/2 case only on the basis of disclosure statement made by the co- accused. Further submission is that petitioner was not present on the spot and he has no concern with the seized vehicle or illicit liquor. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has clean antecedent. Petitioner undertakes to cooperate in the investigation and trial. 5. Learned A.P.P. for the State opposes the prayer for anticipatory bail. 6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 03, East Champaran, Motihari in connection with Ghorasahan P.S. Case No. 189/2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023. krishnakant/- (Sunil Dutta Mishra, J) U T