Dhiraj Kumar Vs the State of Bihar — Anticipatory Bail | Patna HC (2025)

Dhiraj Kumar Vs the State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Privilege of anticipatory bail granted to the petitioner in Muzaffarpur Excise Case No. 1911 of 2024; on arrest/surrender within four weeks, release upon furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise,-II, Muzaffarpur, subject to Section 438(2) Cr.P.C conditions and court-below verification of criminal antecedents.

Issue for consideration

Whether the petitioner, apprehending arrest in Muzaffarpur Excise Case No. 1911 of 2024 registered for offences punishable under Sections 30(a) and 32 of the Bihar Prohibition & Excise Act, is entitled to the privilege of anticipatory bail.

Court's answer

Considering the facts and circumstances of the case (including petitioner's alleged non-involvement with the seized liquor and vehicle, absence of criminal antecedent, and anticipatory bail already granted to the co-accused), the court granted the privilege of anticipatory bail to the petitioner in Muzaffarpur Excise Case No. 1911 of 2024.

Ratio / Principle

In the event of arrest/surrender within four weeks, the petitioner shall be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise,-II, Muzaffarpur, subject to the conditions under Section 438(2) Cr.P.C and subject to the further condition that the learned court below shall verify the petitioner's criminal antecedent before releasing him on bail.

Detailed headnote1 paragraphs

Anticipatory bail granted to Dhiraj Kumar apprehending arrest in Muzaffarpur Excise Case No. 1911 of 2024 (PS Case No. 1911 of 2024, Excise P.S., Muzaffarpur), registered under Sections 30(a) and 32 of the Bihar Prohibition & Excise Act, after police recovered 60.48 liters of illicit foreign liquor from a Mahindra Bolero vehicle. Petitioner contended he had no concern with the seized liquor or vehicle and had no criminal antecedent; the co-accused had already been granted anticipatory bail vide order dated 17.03.2025 in Cr. Misc. No. 6297 of 2025. Held: petitioner entitled to anticipatory bail; on arrest/surrender within four weeks, to be released on bail bonds of Rs 10,000/- with two sureties of the like amount each before the learned Exclusive Special Judge Excise,-II, Muzaffarpur, subject to Section 438(2) Cr.P.C conditions and subject to the court below verifying his criminal antecedent before release.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9218 of 2025

Arising Out of PS. Case No.-1911 Year-2024 Thana- Excise P.S. District- Muzaffarpur

======================================================

Dhiraj Kumar S/O Rambir Rai R/O Vill.- Manoharpatti, P.S.- Bariyarpur, District - Muzaffarpur

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Manjeet Kumar Mishra, Adv For the Opposite Party/s : Mr.Rita Verma, APP ======================================================

CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

2 26-03-2025

Heard learned counsel for the petitioner and the State.

Petitioner apprehends his arrest in connection with Muzaffarpur Excise Case No. 1911 of 2024 registered for the offences punishable under Sections 30(a), 32 of the Bihar Prohibition & Excise Act.

The prosecution case rests on a secret information

that two persons Sanjeet Ray and Dhiraj Kumar have brought a consignment of illicit foreign liquor by Mahindra Bolero vehicle at the road side. The police reached the place of occurrence and recovered 60.48 liters of illicit foreign liquor from the Bolero vehicle.

It has been submitted that petitioner has no concern with the alleged seized liquor and Mahindra Bolero vehicle. It is also stated that petitioner has no criminal antecedent and also

Patna High Court CR. MISC. No.9218 of 2025(2) dt.26-03-2025 2/2

the co-accused of the case has already been granted the privilege of anticipatory bail vide order dated 17.03.2025 passed in Cr. Misc. No. 6297 of 2025.

Considering the aforesaid facts and circumstances of the case, I am inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, in the event of his arrest/ surrender within a period of four weeks from today the petitioner shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand)with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise,-II, Muzaffarpur in Muzaffarpur Excise Case No. 1911 of 2024 subject to condition as laid down under Section 438(2) of the Cr.P.C and subject to the further condition that the learned court below shall verify the criminal antecedent of the petitioner before releasing him on bail.

(Soni Shrivastava, J)

N.K/-

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