Sajan Kumar @ Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25650 of 2025 Arising Out of PS. Case No.-388 Year-2020 Thana- LALGANJ District- Vaishali ====================================================== Sajan Kumar @ Sanjay Kumar Son of Bindeshwar Rai Resident of Village - Salempur, P.S.- Lalganj, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-05-2025

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Lalganj Police Station Case No. 388 of 2020, dated 11.02.2020, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. The prosecution case, as per the First Information Report, is that the police, on secret information that the petitioner, along with others, is indulged in the manufacture and sale of illicit liquor from the land of co-accused Chunnu Kumar, raided the hut of the co-accused Chunnu Kumar situated over his land and on seeing the police, three persons fled away. On search of the hut of co-accused Chunnu Kumar, the police recovered 19.75 litres of illicit

Patna High Court CR. MISC. No.25650 of 2025(2) dt.07-05-2025 2/3 liquor kept inside the hut.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the basis of secret information. He further submits that nothing has been recovered from the premises belonging to the petitioner; rather, the illicit liquor has been recovered from the hut of co-accused Chunnu Kumar. He further submits that the petitioner has no concern with the seized illicit liquor and he has got no criminal antecedent.

5. Regards being had to the submission advanced on behalf of the parties concerned and taking into consideration the fact that the petitioner has got no criminal antecedent, he has been made accused in this case on the basis of secret information and illicit liquor has been recovered from the hut of co-accused Chunnu Kumar, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. 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

Patna High Court CR. MISC. No.25650 of 2025(2) dt.07-05-2025 3/3 to the satisfaction of learned Exclusive Special Excise Court No. I, Vaishali, at Hajipur, in connection with Lalganj Police Station Case No. 388 of 2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √