Suranjan @ Tibuki v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39327 of 2025 Arising Out of PS. Case No.-90 Year-2025 Thana- RAMGARHWA District- East Champaran ====================================================== 1.

Suranjan @ Tibuki, S/o Chhotelal Sah, R/o Village- Bela, P.S.- Ramgarhwa, District- East Champaran 2.

Chhotelal Sah, S/o Late Hulas Sah, R/o Village- Bela, P.S.- Ramgarhwa, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shamir Mehra, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 01-07-2025 Heard Mr. Shamir Mehra, learned counsel for the petitioners and Mr. Manoj Kumar, learned APP for the State. 2.The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Ramgarhwa P.S. Case No. 90 of 2025 instituted for the offence under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that from a hut of Suranjan @ Tibuki Sah, altogether 80 liters of country made liquor was recovered.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have

Patna High Court CR. MISC. No.39327 of 2025(2) dt.01-07-2025 2/2 committed no offence. They have falsely been implicated in this case. The hut does not belong to them. They have no concern with the seized liquor. It has also been submitted that petitioner no.1 is having criminal antecedent of one case whereas petitioner no.2 has got two criminal antecedent.

5. Learned APP appearing for the State has vehemently opposed the prayer of bail of the petitioners.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Ramgarhwa P.S. Case No. 90 of 2025, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 03, East Chamapran at Motihari, subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Ashok Kumar Pandey, J) lata/- U T