Sounak Maji v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12325 of 2025 Arising Out of PS. Case No.-104 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Vaishali ====================================================== Sounak Maji S/o Santosh Kumar Maji R/O Flat A- 104, Block- A ,1st floor, 12 canal street, P.S - Entally, Dist- Kolkata, West Bengal ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajeev Ranjan, Advocate.
For the Opposite Party/s :
Mr.Arun Kumar, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 28-03-2025 Heard Mr. Rajeev Ranjan, learned counsel appearing on behalf of the petitioner and Mr. Arun Kumar, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Excise P.S. Case No. C2A 104 of 2022 registered for the offence punishable under Sections 30(a)/32(1)/32(3), 41(1) and 41(2) of the Bihar Prohibition and Excise Act, 2016.
3. Allegation is of recovery of 72.360 litres of foreign liquor from a car bearing Registration No. WB 06D3201.
4. Learned counsel appearing on behalf of the petitioner submits that the Vehicle bearing Registration No. WB06D3201 which was registered in the name of the petitioner and from which liquor was recovered, has already been sold to one Prem Prakash, Son of Lalan Paswan, resident of Ward No.
Patna High Court CR. MISC. No.12325 of 2025(2) dt.28-03-2025 2/3 9, Dighi Kala, Hajipur and in this regard learned counsel has brought on record the sale agreement and requisite forms i.e. Form Nos. 29 & 30 as per the prescribed provision of the Motor Vehicles Act duly signed by the petitioner and the purchaser Prem Prakash. The petitioner has no concern either with the seized liquor or trade of liquor in any manner. The petitioner has clean antecedent.
5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.
6. Having considered the rival submissions made on behalf of the parties and the nature of allegation against the petitioner, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court-II cum Addl. District and Session Judge, Vaishali at Hajipur in connection with Excise P.S. Case No. C2A 104 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
7. The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner
Patna High Court CR. MISC. No.12325 of 2025(2) dt.28-03-2025 3/3 is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically lose its force.
8. The bail application stands disposed of.
(Purnendu Singh, J) mantreshwar/- U T