Dhiraj KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33990 of 2026
                          Arising Out of PS. Case No.-40 Year-2026 Thana- SONO District- Jamui
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                 Dhiraj Kumar S/o Rajpati Singh R/o Village- Imbrahimpur Bihat, P.S. Ba-
                 rauni, District- Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Bipin Kumar
                 For the Opposite Party/s:        Mr. Akshay Lal Pandit
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   21-05-2026                     Heard learned counsel for the parties through

                   virtual mode.

                                2. The petitioner is apprehending his arrest in

                   connection with Sono P.S. Case No.40 of 2026, F.I.R. dated

                   02.03.2026, registered for the offences punishable under Section

                   318(4) of the Bharatiya Nyaya Sanhita and 30(a), 30(d), 32 of

                   Bihar Prohibition & Excise Act.

                                3. As per the prosecution case, on the basis of secret

                   information, the police recovered 120 liters of illegal spirit and

                   650 pieces of bottle caps of illegal liquor from a truck bearing

                   Registration No.BR-9PB3882.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this

                   case for ulterior reasons. The recovery has been made from a
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          truck belonging to the petitioner, however, from the perusal of

          the FIR itself, it appears that the truck was standing on the

          roadside and despite waiting for a considerable time, neither the

          driver nor the co-driver came near the vehicle. Thereafter, the

          vehicle was taken to the police station where search and seizure

          were conducted. It is further submitted that the truck had been

          handed over to the driver and the petitioner had no knowledge

          regarding the alleged illegal activities. Learned counsel further

          submits that the petitioner is in no way connected with the

          seized liquor. The petitioner has no criminal antecedent and is

          ready to abide by all terms and conditions as may be imposed by

          this Court while granting the privilege of anticipatory bail.

                       5. Learned APP for the State opposes the prayer for

          anticipatory bail and submits that the truck was found parked on

          the roadside and since nobody came forward for a considerable

          period, the vehicle was taken to the police station where search

          and seizure were carried out.

                       6. Regard being had to the submissions made by the

          parties, and taking into consideration the fact that the illicit

          liquor has not been recovered from the constructive possession

          of the petitioner and that the petitioner has no criminal

          antecedent, this Court is inclined to grant anticipatory bail to the
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                         petitioners.

                                      7. Let the petitioner, above named, be released on

                         anticipatory bail in the event of arrest or surrender before the

                         court below within a period of four weeks from today on

                         furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each

                         with two sureties of the like amount each to the satisfaction of

                         learned Exclusive Special Judge Excise act, Jhanjharpur in

                         connection with Madhepur P.S. Case No.40 of 2026 subject to

                         the condition as laid down under Section 482(2) of the B.N.S.S.,

                         2023.



                                                                       (Ajit Kumar, J)
shikha/-

U          T