Sanjeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 20585 of 2025 Arising Out of PS. Case No.-1139 Year-2024 Thana- Excise P.S. District- Jamui ====================================================== Sanjeev Kumar son of Ram Sujan Paswan Resident of village - Babhangama, Ps- Birpur, Dist- Begusarai.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Braj Bhushan Poddar, Advocate For the Opposite Party/s :

Mr.Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 23-04-2025 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner is named in F.I.R. and apprehending his arrest in connection with Jam P.S. Case No. 1139 of 2024, registered for the offences punishable under Section 30(a) of the Excise 2018.

3. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 378.00 litres of IMFL/country made liquor from the Tempo.

4. Taking note of submission as advanced by learned counsel appearing for the petitioner and upon perusal of record, it transpires that the illicit liquor not appears to be recovered from physical possession of this petitioner, rather being owner of the

Patna High Court CR. MISC. No. 20585 of 2025(2) dt.23-04-2025 2/2 three wheeler, which is a public carrier and accessible to all general public, from where alleged illicit liquor was recovered, the petitioner was implicated with present case, who is a man of clean antecedent.

5. Learned APP opposed the prayer of bail.

6. Considering the aforesaid facts and circumstances and by taking note of fact as recovery of illicit liquor prima facie not appears to be made from conscious physical possession of this petitioner, who is a man of clean antecedent, accordingly, above named petitioner, in the event of his arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be released on bail 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. II, Jamui/concerned Court, where the case is pending in connection with Jam P.S. Case No. 1139 of 2024, subject to the conditions as laid down under Section 482(2) of the BNSS. (Chandra Shekhar Jha, J) veena/- U T