Sanjay Rai @ Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2877 of 2025 Arising Out of PS. Case No.-165 Year-2024 Thana- Lakho District- Begusarai ====================================================== Sanjay Rai @ Sanjay Kumar Son of Ram Pravesh Rai Resident of VillageDarwa Chaklal Shahi, P.S. - O.P Halai, District - Samastipur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The State Of Bihar Advocate General Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Alok, Advocate For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Lakho P.S. Case No. 165 of 2024 registered for the offences punishable under Sections 30(a), 32(3), 41(1) and (2) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 891 litres of liquor was recovered from truck whereas 18 litres was recovered from Swift Dzire Car.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the

Patna High Court CR. MISC. No.2877 of 2025(2) dt.24-01-2025 2/3 present case. Petitioner has no knowledge and concern with the alleged recovery. Nothing incriminating has been recovered from the possession of the petitioner. It is submitted that the name of the petitioner has transpired as being owner of the seized truck (WB23B-6814) in question and he has no knowledge regarding the nature of goods booked by the transporter. The petitioner has no criminal antecedent. There is no compliance of Section 103 of B.N.S.S. Other co-accused has been granted regular bail by this Court vide order dated 09.01.2025 passed in Cr. Misc. No. 89326 of 2024.

5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6.

Considering the rival submissions made by the learned counsel for the parties, let the petitioner abovenamed, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.2877 of 2025(2) dt.24-01-2025 3/3 learned court below where the case is pending/successor court in connection with Lakho P.S. Case No. 165 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T