Saurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13270 of 2025 Arising Out of PS. Case No.-432 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Saurav Kumar S/O Arvind Mahto R/V- Jagatpura, P.S.- Mastihani, Dist.- Begusarai, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nakul Kumar Jamuar,Adv.

For the Opposite Party/s :

Mr.Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-04-2025 Heard Learned Counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in a case registered for the offences punishable in connection with Begusarai Muffasil (Singhaul) P.S. Case No.432 of 2022 under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per the prosecution, the total recovery of 918 liters of foreign liquor has alleged to be made from a pick up van, which is subject matter of the present case.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the petitioner is owner of the alleged vehicle, but he has

Patna High Court CR. MISC. No.13270 of 2025(2) dt.11-04-2025 2/3 given his vehicle to a reputed company and his driver is involved in the illegal activity without any information to the petitioner.

5. Learned Counsel also submits that antecedent of the petitioner is clean and he is ready to fulfill all the conditions whatsoever shall be imposed upon him. He further submits that one of the co-accused has been granted anticipatory bail by the Co-ordinate Bench of this Court vide order dated 16.12.2022 passed in Cr. Misc. No.68389 of 2022.

6. Learned APP for the State opposes the prayer for bail and submits that the petitioner is the driver of the said vehicle on which 918 liters of wine has been kept and recovered by the police.

7. Counsel further submits that though petitioner's antecedent is clean, but his involvement in the commission of crime may not be ignored.

8. In the present facts and circumstances, this Court is not inclined to grant anticipatory bail to the petitioner, therefore the bail application of the petitioner is hereby rejected.

9. However, trial court is directed to consider the regular bail application of the petitioner, if he surrenders within 4 weeks from today and prays for regular bail, then trial court

Patna High Court CR. MISC. No.13270 of 2025(2) dt.11-04-2025 3/3 shall pass order without being prejudice of the present order preferably on the same day.

(Dr. Anshuman, J.) Prakashmani/- U T