Santu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6757 of 2025 Arising Out of PS. Case No.-320 Year-2024 Thana- GOH District- Aurangabad ====================================================== Santu Kumar Son of Birju Yadav @ Birju Yadav Resident of Village- Akoni, P.S.- Goh, District- Aurangabad (Bihar) ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Santosh Kumar Pandey For the Opposite Party/s :
Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-03-2025
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 Goh Police Station Case No. 320 of 2024, disclosing offences under Section 30(a) of Bihar Prohibition and Excise Act, 2016.
3. As per the prosecution story, the allegation against the petitioner is that on 31.10.2024, the police on the basis of secret information intercepted three persons carrying liquor on two motorcycles and recovered 200 liters of liquor from the two motorcycles and arrested one Pankaj Kumar, who was riding the first motorcycle bearing registration no. BR24K5397 and two other persons riding
Patna High Court CR. MISC. No.6757 of 2025(2) dt.18-03-2025 2/3 another motorcycle namely Pappu Kumar and Santu Kumar (petitioner) succeeded in fleeing away.
4. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in the present case on the basis of disclosure made by the arrested co-accused persons and the motorcycle from which the illicit liquor has been recovered does not belong to the petitioner.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the petitioner is not the owner of the motorcycle and similarly situated co-accused person has been granted anticipatory bail in Cr. Misc No.3031 of 2025, 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, IInd, Aurangabad (Bihar), in connection with Goh Police Station Case No. 320 of 2024, subject to the condition laid
Patna High Court CR. MISC. No.6757 of 2025(2) dt.18-03-2025 3/3 down under Section 482 (2) of the B.N.S.S., 2023. (Anil Kumar Sinha, J) HarshPandey/- U T