Sachin Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10506 of 2025 Arising Out of PS. Case No.-34 Year-2024 Thana- MORO District- Darbhanga ====================================================== Sachin Kumar S/O Ganesh Sah Resident of- Madhopur, P.S- Moro, DistDarbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Baidyanath Prasad For the Opposite Party/s :
Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 08-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471, 34 of the Indian Penal Code and Sections, 30(a), 41 of the Bihar Prohibition and Excise Act.
3. A perusal of the First Information Report and the seizure list would go to show that 2835 liters of foreign liquor has been recovered from the two vehicles one being the truck and other being pick-up van.
4. Learned counsel for the petitioner submits that as per the allegation, 801 litres of foreign liquor has been recovered from the pick-up van bearing Registration No. BR07GB-6065. It is submitted that the said pick-up van has been registered in the name of the father of the petitioner and
Patna High Court CR. MISC. No.10506 of 2025(3) dt.08-05-2025 2/3 due to such fact, the name of the petitioner has surfaced in the present case only on the basis of suspicion. It is further submitted that no recovery has been made from the physical and conscious possession of the petitioner and the petitioner does not have any connection either with the pick-van or with the seized liquor and as a matter of fact, the petitioner is staying at Gujarat. The petitioner has no criminal antecedent.
5. At this stage, petitioner offers to deposit a sum of Rs. 5,000/- (Rupees Five Thousand) in the account of Patna High Court Legal Services Committee, Patna, bearing Account No. 1413010060836, IFSC Code: PUNB141320, Punjab National Bank, Bar Counsel Branch, Patna.
6. Learned APP for the State has opposed the application for anticipatory bail.
7. Considering the above-mentioned facts and circumstances, I am inclined to extend the privilege of anticipatory bail to the petitioner. Let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, 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 court below where the
Patna High Court CR. MISC. No.10506 of 2025(3) dt.08-05-2025 3/3 case is pending/successor court in connection with Moro P.S. Case No. 34 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S. and subject to the further condition that:- (i) The petitioner shall cooperate in the investigation/trial.
(ii) The court below shall verify the criminal antecedent of the petitioner and in case it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, it is expected that the verification process would be done expeditiously without causing any delay.
8. The learned court below is directed to accept the bail bonds of the petitioner showing receipt of deposit of the aforesaid amount in the Patna High Court Legal Services Committee, Patna.
(Soni Shrivastava, J) devendra/- U T