Sunil Kumar Agrawal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2514 of 2025 Arising Out of PS. Case No.-175 Year-2024 Thana- THAWE District- Gopalganj ====================================================== Sunil Kumar Agrawal S/O Nandu Prasad Agrawal Resident of Mohalla - Agrawal Toli, Siwan, P.S- Siwan Town, District- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dharmveer For the Opposite Party/s :
Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-02-2025
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 Thawe Police Station Case No. 175 of 2024, dated 10.07.2024, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
3. The prosecution case, as per the First Information Report, is that on 10.07.2024, the police got secret information that one person was carrying illicit liquor in his motor cycle from Gopalganj and going towards Kabilaspur, started making vehicle check and intercepted one motorcycle and apprehended one Mugal Ansari. Upon search, the police recovered 09 litres of illicit Bunty Bublee country-made liquor.
Patna High Court CR. MISC. No.2514 of 2025(2) dt.13-02-2025 2/3
4. Learned Counsel for the petitioner submits that the petitioner has been made accused in this case on the basis of the fact that he happens to be the registered owner of the motorcycle, in question. He further submits that the motorcycle was borrowed by his friend for the purpose of some urgent work and the petitioner was not aware about the illicit liquor being carried by co-accused Mugal Ansari, on his motorcycle. The petitioner is having no criminal antecedent.
5. Regards being had to the submission advanced on behalf of the parties concerned and taking into consideration the justification given by the petitioner and the fact that the petitioner is not having any criminal antecedent, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
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 Exclusive Special Excise Court No. I, Gopalganj, in connection with Thawe Police
Patna High Court CR. MISC. No.2514 of 2025(2) dt.13-02-2025 3/3 Station Case No. 175 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √