Patna High Court
Dheeraj KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted anticipatory bail to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Dheeraj Kumar, applied for anticipatory bail fearing arrest in a case (Shahpur P.S. Case No. 205 of 2025) under Section 30(a) of the Bihar Prohibition and Excise Act for alleged involvement in transporting illicit liquor. Police intercepted three individuals on a bike; two were apprehended and identified the petitioner as the third who escaped. The petitioner argued that no contraband was found on him, he has no criminal antecedent, and his name was only mentioned based on the statements of the apprehended persons. The State opposed the bail, contending the petitioner’s alleged participation in the offence. After hearing both sides, the court granted anticipatory bail, directing the petitioner to surrender within four weeks and to furnish a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91848 of 2025
Arising Out of PS. Case No.-205 Year-2025 Thana- SAHPUR District- Bhojpur
======================================================
Dheeraj Kumar Son of Jay Kumar Yadav @ Jay Kumar Resident of Village-
Shahpur, Ward No. 01, P.S.- Shahpur, District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bibhakar Tiwary, Advocate
For the Opposite Party/s : Mr. Dilip Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2.The instant application for anticipatory bail has been
filed by the petitioner apprehending his arrest in connection with
Shahpur P.S. Case No. 205 of 2025 instituted for the offence
under Section 30(a) of Bihar Prohibition and Excise Act.
3. The case of the prosecution is that police had
information that three persons on bike were carrying illicit liquor.
When they were intercepted, two persons were apprehended and
they disclosed the name of this petitioner who allegedly managed
to escape.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
offence. He has falsely been implicated in this case. Learned
Patna High Court CR. MISC. No.91848 of 2025(2) dt.09-02-2026
2/2
counsel has submitted that nothing has been recovered from the
possession of this petitioner. Recovery, if any, has been made from
the possession of apprehended persons. His name has come on the
basis of statement of apprehended persons. A statement has been
made in para-3 of this petition that the petitioner has got no
criminal antecedent.
5. In contra, learned APP appearing for the State has
opposed the prayer of bail of the petitioner.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this Court
is inclined to enlarge the petitioner on bail. The petitioner is
directed to surrender in the Court below within a period of four
weeks from today and in the event of his arrest or surrender in
connection with Shahpur P.S. Case No. 205 of 2025, he will be
enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees
ten thousand) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Excise Judge Court No.
II, Bhojpur at Ara subject to the conditions as laid down under
section 482(2) of B.N.S.S.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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