Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6889 of 2025 Arising Out of PS. Case No.-181 Year-2024 Thana- SUPPI District- Sitamarhi ====================================================== 1.

Ajit Kumar S/O Harendra Rai Resident of Village- Pakri, P.S.- Suppi, DistSitamarhi 2.

Rohit Kumar S/O Akhlesh Rai Resident of Village- Pakri, P.S.- Suppi, DistSitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-03-2025 1.

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

2.

This application, for grant of anticipatory bail, arises out of Suppi PS case no. 181 of 2024 dated 04.10.2024, disclosing offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3.

The prosecution story, as per the First Information report, is that police got secret information that petitioners along with one co-accused Lakhindra Rai were carrying liquor in a Bolero vehicle. When the police reached at the place of occurrence, they caught the said vehicle. On search, total 252 liters of illicit liquor have been recovered.

4.

Learned Counsel for the petitioners submits that the

Patna High Court CR. MISC. No.6889 of 2025(2) dt.21-03-2025 2/2 petitioners have falsely been implicated in this case on account of disclosure made by the apprehended accused. He further submits that the liquor has been recovered from the road, which is an open space accessible to all. He also submits that the liquor has not been recovered from the conscious possession of the petitioners and/ or premises belonging to them.

5.

Having regard to the submissions made on behalf of the parties and taking into consideration the fact that illicit liquor has been recovered from an open space and not from the conscious possession of the petitioners, I am inclined to grant the privilege of anticipatory bail to the petitioners.

6.

This application is, accordingly, allowed.

7.

Let petitioners, abovenamed, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned court of Exclusive Special Judge, Excise Court I, Sitamarhi in connection with Suppi PS case no. 181 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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