Anand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15372 of 2025 Arising Out of PS. Case No.-357 Year-2022 Thana- BARGAINIA District- Sitamarhi ====================================================== Anand Kumar S/O Suresh Singh R/O Village- Chandrahatti Kurhani, P.S.- Kurhani, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Singh, Advocate For the Opposite Party/s :

Mr.Arun Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 02-04-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Bargainia P.S. Case no.357 of 2022 registered under section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.

3. As per the prosecution case, the informant states that on seeing police personnel the accused left his motorcycle and managed to escape. On search, a total of 70.50 liters of nepali liquor is said to have been recovered from the said

Patna High Court CR. MISC. No.15372 of 2025(2) dt.02-04-2025 2/3 motorcycle.

4. Learned counsel for the petitioner submits that F.I.R is registered against unknown. The petitioner has been falsely implicated in the case only for the reason that he happens to be the registered owner of the said vehicle. However, learned counsel for the petitioner further stated in paragraph no. 8 to the petition that he sold his motorcycle to one Bindu Sah. A copy of the sale letter has been annexed as Annexure- P/2 to the petition. The petitioner has no criminal antecedent and undertakes to cooperate in the case/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. In view of the aforesaid facts of the case, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Bargainia P.S. Case no.357 of 2022 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 Exclusive Special Excise Court No. 1, Sitamarhi, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S,

Patna High Court CR. MISC. No.15372 of 2025(2) dt.02-04-2025 3/3 2023 and subject to the further condition that he shall co-operate in the investigation/trial.

(Soni Shrivastava, J) Harsh/- U T