Saroj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11216 of 2025 Arising Out of PS. Case No.-1901 Year-2024 Thana- Excise P.S. District- Muzaffarpur ====================================================== Saroj Kumar S/o- Baldeo Singh Resident of village- Kishunpur Balaur P sKudhani District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nachiketa Jha For the Opposite Party/s :
Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-02-2025
1. Heard the parties.
2. The petitioner apprehends his arrest in connection with Muzaffarpur Excise P.S. Case No. 1901 of 2024 dated 22.10.2024 registered under Section 30(a), 32 (3) of the Bihar Prohibition and Excise Act, 2016.
3. The prosecution case as per the first information report is that the police on secret information that the petitioner along with the co-accused persons namely, Pintu Kumar, Raja Kumar, Avinash Kumar and Ranjan Thakur have brought a huge consignment of illicit liquor through a tanker, reached the place of occurrence and intercepted a tanker and on seeing the police some persons present in the tanker fled away. On search, a total quantity of 1980 liters of illicit foreign liquor was recovered from the tanker.
Patna High Court CR. MISC. No.11216 of 2025(2) dt.20-02-2025 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case by the Police at the instance of his enemies. He further submits that the petitioner is neither the owner nor the driver of the said tanker and he has been implicated in this case merely on secret information. He next submits that the petitioner has got no criminal antecedent. Similarly situated co-accused / Raja Kumar and Avinash Kumar have been granted anticipatory bail by this court vide Cr. Misc. No. 85504 of 2024.
5. Regard being had to the submission made by the parties, taking into consideration the fact that the petitioner has been made accused in this case on the basis of secret information only, he has got no criminal antecedent and similarly situated co-accused have been granted anticipatory bail by this Court, as such, I am inclined to grant anticipatory bail to the petitioner.
6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the 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 Exclusive Special Judge Excise Court No:-II, Muzaffarpur in connection with Muzaffarpur Excise P.S. Case No. 1901 of 2024
Patna High Court CR. MISC. No.11216 of 2025(2) dt.20-02-2025 3/3 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anil Kumar Sinha, J) praful/- U T