Sujeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18812 of 2025 Arising Out of PS. Case No.-897 Year-2024 Thana- Excise P.S. District- Nawada ====================================================== Sujeet Kumar S/O Ghutra Yadav@ Vinod Yadav R/O Vill.- Sapahi, ward no. 5, P.S.- Domchanch, Dist.- Kodarma, Jharkhand ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Nandan Prasad, Adv.

For the State :

Mrs. Asha Kumari, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 14-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

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

3. The perusal of the FIR and the seizure list would show that a total of 61.875 litres of foreign liquor was recovered from a house and two persons, namely, Vicky Kumar and Jaikar Kumar, who were present there, has disclosed that someone else had placed the said liquor in order to implicate them. Further, the person who had given the secret information to the police, namely, Vishal Kumar admitted the fact that he was instrumental in getting the two persons implicated in the case.

4. Learned counsel for the petitioner submits that the name of the petitioner has surfaced in this case as he happens

Patna High Court CR. MISC. No.18812 of 2025(3) dt.14-07-2025 2/2 to be the brother of the said Vishal Kumar who had allegedly informed the police about the presence of the liquor in the house of Vicky Kumar and Jaikar Kumar due to some dispute. There is no recovery from the personal and conscious possession of the petitioner. It is further submitted that there is no independent witness to the said seizure and this petitioner has no criminal antecedent as mentioned in para 3 of the bail application.

5. Learned APP for the State, however, opposes the prayer for anticipatory bail.

6. Considering the entire facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Nawada Excise P.S. Case No.897 of 2024, subject to the condition as laid down under Section 438

(2) of the Cr.P.C/ 482 (2) of the BNSS, 2023. (Soni Shrivastava, J) divyanshi/- U T