Sanjeet Kumar @ Sanjeet Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3160 of 2025 Arising Out of PS. Case No.-224 Year-2024 Thana- RAHIKA District- Madhubani ====================================================== Sanjeet Kumar @ Sanjeet Kumar Yadav S/O Shankar Yadav R/o VillageNajirpur, Ward No. 10, P.S.- Rahika, Distt.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratnakar Jha For the Opposite Party/s :

Mr. Yogendra Kumar Singh ====================================================== 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 Rahika Police Station Case No. 224 of 2024, disclosing offences under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the FIR, on 18.10.2024, informant got secret information that Sanjeet Kumar of village Nazirpur is keeping liquor in the straw house at his house. Upon this information, informant reached at the place of occurrence and saw that a person came out of his house and started running towards the paddy field on seeing the police party. An attempt was made to catch him by the police but he managed to escape taking advantage of the darkness. When the informant inquired from the Mahal Chowkidar and spies, he told the name of the person

Patna High Court CR. MISC. No.3160 of 2025(3) dt.19-02-2025 2/3 who escaped as Sanjeet Kumar. Thereafter, the straw house was duly searched and a total of 3.750 litres of illicit foreign liquor was recovered.

4. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged. Nothing has been recovered from the conscious possession of the petitioner. The place from where the illicit liquor has been recovered is a husk house situated outside the house of the petitioner.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that petitioner is having no criminal antecedent and recovery of illicit liquor has been made from the husk house which is situated outside the house of the petitioner and is accessible to all, 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 Additional Sessions Judge-II-cum-

Patna High Court CR. MISC. No.3160 of 2025(3) dt.19-02-2025 3/3 Special Judge, (Excise Act), Madhubani, in connection with Rahika Police Station Case No. 224 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