Patna High CourtCR. MISC./33919/2025bail granted

Anuj Harijan v. The State Of Bihar

2025-05-27Justice Smt. Soni Shrivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33919 of 2025 Arising Out of PS. Case No.-44 Year-2025 Thana- Bhawanipur District- Bhagalpur ====================================================== Anuj Harijan S/O Pandey Harijan R/vill- Digghi, PS- Sanokhar, Dist.- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr. Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 27-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act.

3. Perusal of the first information report and the seizure list, would go to show that 158.250 liters of Indian made foreign liquor is said to have been recovered from a car, bearing Registration No. JH05AM-8764. The petitioner is alleged to be the driver of the seized vehicle.

4. It is submitted by learned counsel for the petitioner that there is no recovery from the physical and conscious possession of the petitioner and the petitioner was not aware of the illicit liquor and he was only on the duty of

Patna High Court CR. MISC. No.33919 of 2025(2) dt.27-05-2025 2/2 driving the car. It has further been alleged that the mandatory provisions of search and seizure have been violated as there is no independent witness to the seizure list and the petitioner is in custody since 21.03.2025 with no criminal antecedent.

5. Learned APP for the State opposes the prayer for bail.

6. Taking into consideration the fact and circumstances of the case, the above named petitioner is directed to be enlarged on bail 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 Court below where the case is pending/successor Court in connection with Bhawanipur P.S. Case 44 of 2025, subject to the condition that the petitioner shall cooperate in the investigation/trial. (Soni Shrivastava, J) devendra/- U T