Randhir Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7491 of 2025 Arising Out of PS. Case No.-763 Year-2024 Thana- DAUDNAGAR District- Aurangabad ====================================================== Randhir Kumar S/O Ramsundar Mehta R/O Vill - Thakur Bigha., Anchha, P.S - Daudnagar, Dist- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Santosh Chandra Bhaskar For the Opposite Party/s :
Mr. Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-03-2025
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 Daudnagar Police Station Case No. 763 of 2024, disclosing offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
3. As per the prosecution case, on 03.12.2024, at 10:00 am, informant received information that Randhir Kumar was storing and selling foreign liquor at his house in Thakur Bigha, Daudnagar, Aurangabad. When the police arrived, Randhir Kumar fled away. On search of the house of Randhir Kumar, total 3 liters of illegal foreign liquor (4 bottles of 750 ml each) was recovered.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.7491 of 2025(2) dt.24-03-2025 2/3 present case. Nothing has been recovered from the conscious possession of the petitioner. House from where the liquor was recovered was a semi constructed house and the petitioner was not present at the house. Petitioner has been made accused on the basis of suspicion. Learned counsel next submits that house from where the recovery has been made was an under constructed house without even gate in which people used to come and go.
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 the house from where the recovery has been made was an under constructed, i.e., open space, accessible to everyone, 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 Special Judge Excise-II, Aurangabad, in connection with Daudnagar Police Station Case No. 763 of 2024, subject to the condition laid down under
Patna High Court CR. MISC. No.7491 of 2025(2) dt.24-03-2025 3/3 Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) HarshPandey/- U T