Dhanjee Kumar Yadav @ Dhanji Kumar Yadav vs The State Of Bihar on 26 May, 2025

Patna High Court – Orders

Dhanjee Kumar Yadav @ Dhanji Kumar Yadav vs The State Of Bihar on 26 May, 2025

Author: Alok Kumar Pandey

Bench: Alok Kumar Pandey

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33047 of 2025
                    Arising Out of PS. Case No.-309 Year-2020 Thana- ARA MUFFSIL District- Bhojpur
                 ======================================================
                 Dhanjee Kumar Yadav @ Dhanji Kumar Yadav S/O Shri Ram Yadav R/O
                 Village- Dhamariya, P.O- Mahrauli, P.S- Shahpur, District- Bhojpur, State-
                 Bihar. At present residing at Gobindpur, Bokaro, Thermal Navardi, Bokaro,
                 State- Jharkhand.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajendra Nath Sinha, Adv.
                 For the Opposite Party/s :       Mr. Nagendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER

2   26-05-2025

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

2. The petitioner is apprehending his arrest in

connection with Ara Muffasil P.S. Case No. 309/2020 registered

for the offences punishable under Sections 30(a) of the Bihar

Prohibition of Excise Act.

3. As per prosecution case, there is alleged

recovery of 09 liters country made liquor from the motorcycle in

question.

4. Learned counsel for the petitioner submits that

petitioner is innocent and has committed no offence as alleged

in the FIR. The petitioner is not named in the FIR and his name

has been surfaced in this case during course of investigation as
Patna High Court CR. MISC. No.33047 of 2025(2) dt.26-05-2025
2/3

the owner of the said motorcycle. He further submits that

apprehended co-accused Dinesh Yadav and Rajdev Yadav are

gotia of the petitioner and they have misused the said

motorcycle in absence of the petitioner and the petitioner cannot

be held liable for the same. The petitioner bears no criminal

antecedent. The petitioner was not found at the place of

occurrence. No incriminating article has been recovered from

the possession of the petitioner. The petitioner has no concern

with the seized liquor. He further submits that the petitioner has

nothing to do with the alleged occurrence. In the light of the

aforesaid facts and circumstances of the case, no case is made

out against the petitioner under the provision of Bihar

Prohibition of Excise Act.

5. The learned A.P.P. for the State opposed the

prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the

case, keeping in view clean antecedent of petitioner, 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.
Patna High Court CR. MISC. No.33047 of 2025(2) dt.26-05-2025
3/3

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

amount each to the satisfaction of learned Exclusive Excise

Judge-I, Bhojpur, Ara in connection with Ara Muffasil P.S. Case

No. 309/2020, subject to the conditions as laid down under

Section 438 (2) of the Cr.P.C.

7. The application stands allowed.

(Alok Kumar Pandey, J)
amitkumar/-

U      T