Suman Kumar Jaiswal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6578 of 2025 Arising Out of PS. Case No.-151 Year-2024 Thana- Excise P.S. District- Purnia ====================================================== Suman Kumar Jaiswal S/O Manoj Kumar Jaiswal R/O Village- Shri Mata, Bhaua Parbal, P.S- Tikapatti, P.O- Shrimat, District- Purnea, Pin- 853204 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sumit Kumar Bhagat, Advocate For the Opposite Party/s :
Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 06-05-2025
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Excise Purnia P.S. Case no.151 of 2024 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
3. As per the prosecution case, 153.20 liters of foreign liquor was recovered from a Maruti Swift Car bearing Registration No. BR39V-1073.
5. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The petitioner is not named in the F.I.R and cause of his false implication is only for the reason that he happens to be the registered owner of the seized motorcycle. No recovery has been made from the conscious possession of the petitioner. He further submits that
Patna High Court CR. MISC. No.6578 of 2025(3) dt.06-05-2025 2/3 his driver took his car while the petitioner was not at home and the petitioner has no knowledge that the vehicle was put to illegal use. The petitioner has no criminal antecedent and undertakes to cooperate in the case/trial.
6. The application for anticipatory bail is opposed by learned A.P.P. for the State.
7. At this stage, the petitioner has agreed to deposit a sum of Rs. 10,000/- in Mahavir Cancer Sansthan, Patna, bearing Account No. 3332964762, IFSC Code: CBIN0282779, Central Bank of India, Chitkohra Branch, Patna.
8. In view of the entire facts of the case and also considering the fact that the petitioner has no criminal antecedent, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Excise Purnia P.S. Case no.151 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise, Court No.2, Purnia, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023 and subject to the further condition that the bail bonds of
Patna High Court CR. MISC. No.6578 of 2025(3) dt.06-05-2025 3/3 the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Mahavir Cancer Sansthan, Patna.
(Soni Shrivastava, J) Harsh/- U T