IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.61826 of 2025 Arising Out of PS. Case No.-227 Year-2025 Thana- RIVILGANJ District- Saran ====================================================== Dhanji Singh @ Dhananjay Singh S/o Gopalji Singh @ Gopal Singh R/o Village- Badka Baiju Tola, P.S.- Revilganj, District- Saran ... ... Petitioner Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr.Ashad For the Opposite Party/s : Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 23-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner is apprehending his arrest in connection with Revilganj P.S. Case No. 227 of 2025 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act. 3. As per prosecution case, altogether 179 litre illicit liquor was recovered from three motorcycles in question and Mahal chowkidar disclosed the name of petitioner and others, who fled away from the spot. 4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. He further submits that petitioner is not owner of the seized Patna High Court CR. MISC. No.61826 of 2025(2) dt.23-09-2025 2/3 motorcycles in question. Petitioner bears criminal antecedent of five cases in which he is on bail and due to criminal antecedent of the petitioner, he has been falsely implicated in this case without any basis. He further submits that except disclosure of Mahal chowkidar, there is nothing on record to connect the present petitioner with the alleged occurrence. No incriminating article has been recovered from possession of the petitioner. Petitioner was not found at the place of occurrence. Petitioner has no concern with the seized liquor. He further submits that Section 103 and 105 of BNSS have not been followed. In the light of aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provision of Bihar Prohibition and Excise Act. 5. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioner. 6. Considering the facts and circumstances of the case, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner 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 Patna High Court CR. MISC. No.61826 of 2025(2) dt.23-09-2025 3/3 amount each to the satisfaction of learned 2nd Exclusive Special Excise Judge, Saran at Chapra in connection with Revilganj P.S. Case No. 227 of 2025, subject to the conditions as laid down under Section 482(2) of B.N.S.S. 7. The application stands allowed. shahzad/- (Alok Kumar Pandey, J) U T