Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8840 of 2025 Arising Out of PS. Case No.-1901 Year-2024 Thana- Excise P.S. District- Muzaffarpur ====================================================== Pintu Kumar Son of Surendra Singh Resident of Village - Karneji Mujiya, P.S. - Belsar, District - Vaishali at Hajipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar, Advocate For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-02-2025 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Muzaffarpur Excise PS case no. 1901 of 2024, disclosing offences punishable under Sections 30(a), 32(3) of Bihar Prohibition and Excise Act.

3.

The prosecution story, as per the First Information report, is that upon secret information that petitioner along with other co-accused persons have brought a huge consignment of illicit liquor through a tanker, Police reached at NH 77, Fakuli road, Muzaffarpur and intercepted the tanker. On seeing the police party, some persons fled away. Upon search, total 1980 liters of illicit foreign liquor was recovered from the tanker.

Patna High Court CR. MISC. No.8840 of 2025(2) dt.07-02-2025 2/3 4.

Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of secret information. He further submits that petitioner is neither the owner nor the driver of the vehicle in question. He also submits that as per seizure list, illicit liquor has been recovered from the tanker standing near the road side. 5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that illicit liquor has been recovered from tanker, petitioner is neither the owner nor the driver of the alleged tanker and similarly situated co-accused persons have been granted anticipatory bail in Cr. Misc. No. 85504 of 2024, I am inclined to grant the privilege of anticipatory bail to the petitioner.

6.

This application is, accordingly, allowed.

7.

Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six 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 court of Exclusive Special Judge, Excise Court No. I, Muzaffarpur in connection with Muzaffarpur Excise PS case no. 1901 of 2024, subject to the

Patna High Court CR. MISC. No.8840 of 2025(2) dt.07-02-2025 3/3 condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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