Birendra Sardar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42360 of 2025 Arising Out of PS. Case No.-353 Year-2024 Thana- CHHATAPUR District- Supaul ====================================================== Birendra Sardar, S/o- Soni Sardar Village- Hasanpur W.No-2, Ps- Chhatapur Dist- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashi Shekhar Tiwary, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 13-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Chhatapur P.S. Case No. 353 of 2024 for the offence registered under Sections 30 (a) of the Bihar Prohibition & Excise Act.

3. As per the prosecution case, 25 litres of country made liquor was recovered from the house of the petitioner. It is alleged that the petitioner managed to escape on seeing the police force.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to disclosure statement of choukidar. He has no concern with the seized liquor. There is no incriminating article recovered from the conscious possession of the petitioner.

Patna High Court CR. MISC. No.42360 of 2025(4) dt.13-10-2025 2/2 Petitioner was not present at the place of occurrence. Recovery was made from the ancestral joint house of the petitioner in which other family members of the petitioner were residing. The petitioner and his family members are residing separately. Petitioner has no criminal antecedent. Petitioner undertakes to cooperate in the investigation of this case.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court, Supaul where the case is pending in connection with Chhatapur P.S. Case No. 353 of 2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S.

(Sunil Dutta Mishra, J) khushbu/- U T