Sandeep v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20834 of 2025 Arising Out of PS. Case No.-183 Year-2021 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== Sandeep Son of Late Satyanarayan, Resident of Village- Rohna Sector 23, P.S.- Rohana, District- Sonipat, (Hariyana).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Pandey, Advocate.

For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 13-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in a case registered under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per prosecution case, there is recovery of 871.50 litre illicit foreign liquor from a Mahindra Tractor and the driver of the Tractor was apprehended on the spot who disclosed the fact that the said Tractor belongs to petitioner and the said liquor was going to be delivered to one Pintu Kumar.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner is not the owner of the seized Tractor, in this regard he has filed supplementary affidavit and he has no concern either with the alleged seized liquor or with the seized vehicle. Learned counsel submits that

Patna High Court CR. MISC. No.20834 of 2025(6) dt.13-10-2025 2/2 petitioner was not present on the spot and no incriminating article has been recovered from his conscious possession and only on the basis of disclosure statement made by the arrested co-accused, he has been made accused in this case. He further submits that petitioner has one criminal antecedent but not of Excise Act, in which he is on bail and he undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the concerned Court within six weeks from today, the petitioner be released on bail upon 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 concerned, Kaimur at Bhabua in connection with Durgawati P.S. Case No.183 of 2021, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) Ritik/- U T