Chandan Kumar @ Sintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30892 of 2025 Arising Out of PS. Case No.-28 Year-2025 Thana- BANGARA District- Samastipur ====================================================== CHANDAN KUMAR @ SINTU KUMAR S/O Raj Kumar Singh Resident of village- Kothiya, PS- Bangra, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs.Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-05-2025 Heard the parties.

2. The petitioner is apprehending arrest in connection with N.H. Bangra P.S. Case No. 28 of 2025 instituted under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act lodged on 04.03.2025 by the informant, Dharamvir Kumar.

3. As per the prosecution story, the Police upon secret information raided and recovered 32.500 liters of foreign liquor from the fire wood kept behind the hut of Pawan Sada and Gopal Sada. The locals gave the name of the persons who escaped as the persons Sintu Kumar and Arvind Kumar. This led to the FIR.

4. Learned counsel for the petitioner submits that he has no role to play in the matter nor he has criminal antecedent,

Patna High Court CR. MISC. No.30892 of 2025(2) dt.19-05-2025 2/3 allegedly the recovery is from fire wood kept behind the hut of Pawan Sada and Gopal Sad, has no criminal antecedent.

5. Learned APP opposes the prayer.

6. Considering the submissions of the parties as also the fact that the recovery/seizure is from different persons named above, he has no criminal antecedent, FIR lodged, shall be facing the trial, in that background, this Court is inclined to extend him the privilege of anticipatory bail.

7. Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with N.H. Bangra P.S. Case No. 28 of 2025 to the satisfaction of learned Exclusive Special Excise Court No.1, Samastipur subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions.

(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive

Patna High Court CR. MISC. No.30892 of 2025(2) dt.19-05-2025 3/3 dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;

(iii) the petitioner shall co-operate in the investigation and make himself available to the police as and when required; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T