Sanjeet Rajak @ Sanjit Rajak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32793 of 2025 Arising Out of PS. Case No.-164 Year-2024 Thana- KATIHAR NAGAR District- Katihar ====================================================== Sanjeet Rajak @ Sanjit Rajak S/o- Gena Lal Rajak Resident of MohallaRanighat ward No 40 PS-Sahayak District- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimal Kumar, Adv.
For the Opposite Party/s :
Ms.Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Nagar (Sahayak) P.S. Case No. 164 of 2024 registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise Act.
3. As per prosecution case, the police has recovered total 360 liters of illicit liquor from the motorcycle and boar.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner was neither apprehended on spot nor anything incriminating has been recovered from his conscious possession
Patna High Court CR. MISC. No.32793 of 2025(2) dt.15-05-2025 2/3 or from his house. The petitioner has no concern with the recovered liquor or the alleged motorcycle or even the boat. The petitioner has one criminal antecedent in which he is on bail as has been stated in paragraph no.3 of the present anticipatory bail application. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case.
5. Learned counsel for the petitioner further submits that the co-accused Baiju Sahani has been granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 24.06.2024 passed in Cr. Misc. No. 37267 of 2024. Co-accused Ajay Paswan has also been granted bail by this Court vide order dated 24.06.2024 passed in Cr. Misc. No. 43540 of 2024.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
7. Considering the entire facts and circumstances of the case and taking into account the submissions made by the learned counsel for the petitioner, let the petitioner abovenamed, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
Patna High Court CR. MISC. No.32793 of 2025(2) dt.15-05-2025 3/3 amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Nagar (Sahayak) P.S. Case No. 164 of 2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S. (Rudra Prakash Mishra, J) rishi/- U T