Dashrath KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29352 of 2026
                  Arising Out of PS. Case No.-17 Year-2026 Thana- Daudnagar Excise District- Aurangabad
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                 Dashrath Kumar Son of Kirani Yadav Resident of Village - Pathak Bigha,
                 P.S.- Pauthu, District - Aurangabad.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Saket Kumar Singh, Adv.
                                          :        Ms. Meena Singh, Adv.
                 For the Opposite Party/s :        Mr. Ashok Kumar Singh, App.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER
2   07-05-2026                      1. Heard learned Counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                    2. This application, for grant of anticipatory bail,

                   arises out of Daudnagar Excise Case No. 17 of 2026, disclosing

                   offences under Sections 30(a) and 32(c) of the Bihar Prohibition

                   and Excise (Amendment) Act, 2018.

                                    3. The prosecution case is that on 10.01.2026,

                   during patrolling duty near Dhusari More under Haspura P.S.,

                   the police intercepted two persons riding a Hero Glamour

                   motorcycle. One accused allegedly fled from the spot, while the

                   driver, namely Prashottam Kumar, was apprehended and

                   disclosed the name of the absconding accused as Dashrath

                   Kumar. During search of the motorcycle, the police allegedly

                   recovered 32 litres of illicit liquor kept in a yellow gunny bag
Patna High Court CR. MISC. No.29352 of 2026(2) dt.07-05-2026
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          containing four polythene packets.

                          4. Learned Counsel for the petitioner submits that

          the petitioner is innocent and has falsely been implicated in the

          present. It is next submitted that the petitioner was neither

          apprehended from the spot nor is he the owner of the

          motorcycle in question. The petitioner has been made accused

          merely on the basis of disclosure of his name made by the

          arrested co-accused person. It is next submitted that the

          petitioner had merely taken a lift from co-accused Prashottam

          Kumar, who is his co-villager, without any knowledge regarding

          the alleged liquor concealed in the motorcycle. The owner of the

          motorcycle, namely Gautam Kumar, has already been granted

          anticipatory bail by the learned court below. Petitioner is having

          no criminal antecedent.

                          5. Having regard to the submissions made on

          behalf of the parties and taking into consideration the fact that

          petitioner is having no criminal antecedent, he is not the owner

          of the seized motorcycle from where the illicit liquor has been

          recovered and he has been made accused merely on the basis of

          confessional statement of the arrested co-accused, I am inclined

          to grant the petitioner privilege of anticipatory bail.

                          6. This application is, accordingly, allowed.
           Patna High Court CR. MISC. No.29352 of 2026(2) dt.07-05-2026
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                                     7. Let the petitioner, above named, in the event of

                     his arrest or surrender before the Court below within four

                     weeks, be released on bail on furnishing bail bond of Rs.

                     10,000/- (ten thousand) with two sureties of the like amount

                     each to the satisfaction of learned Special Judge, Excise-IInd,

                     Aurangabad, in connection with Daudnagar Excise Case No. 17

                     of 2026, subject to the condition laid down under Section 438

                     (2) of the Code of Criminal Procedure/Section 482(2) of the

                     BNSS, 2023.



                                              (Anil Kumar Sinha, J)
HarshPandey/-

U      T