Satyajeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3185 of 2025 Arising Out of PS. Case No.-122 Year-2024 Thana- EXCISE PATORI District- Samastipur ====================================================== Satyajeet Kumar S/O Bhagya Narayan Thakur R/O Village- Vishunapur Mahant Maniyari, P.S- Maniyari, Dist.- Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dilip Kumar Roy For the Opposite Party/s :

Mr. Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-02-2025

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 Excise P.S. Patori F.I.R. No.122 of 2024, disclosing offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution story, the Police got the secret information that some persons were carrying illicit liquor in a Swift Dezire car, bearing Registration No. BR06-CS-0782 . On this information, the Police personnel raided the place of occurrence and seized 45 litre of illicit liquor and apprehended two persons, who were driving the said vehicle.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case on the basis of he being the owner of the vehicle from where illicit

Patna High Court CR. MISC. No.3185 of 2025(2) dt.19-02-2025 2/2 liquor has been recovered. He further submits that the petitioner was not present at the place of occurrence and the arrested coaccused persons borrowed his vehicle for emergency purpose. Petitioner is not having any criminal antecedent.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the petitioner is not having any criminal antecedent and the vehicle, in question, was borrowed by the arrested co-accused persons, from where illicit liquor has been recovered, 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.2, Samastipur, in connection with Excise P.S. Patori F.I.R. No.122 of 2024 subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) HarshPandey/- U T