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Patna High CourtCR. MISC./35980/2025allowed

Sujeet Kumar Singh @ Sujeet Singh v. The State Of Bihar

2025-06-18Mr. Justice Alok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35980 of 2025 Arising Out of PS. Case No.-25 Year-2025 Thana- Excise Raniganj District- Araria ====================================================== Sujeet Kumar Singh @ Sujeet Singh S/O Upendra Narayan Singh R/O Barhara Majhua Koloni, Indrapur, P.s.- Raniganj, Dist.- Araria. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 18-06-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Raniganj Excise P.S. Case No. 25 of 2025 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per prosecution case, 1 litre illicit country made liquor was recovered from the motorcycle in question and two persons were apprehended on the spot who disclosed their name as Amit Singh and Chitranjan Kumar.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR. Learned counsel orally submits that petitioner is not named in the FIR and his name has been surfaced in this case

Patna High Court CR. MISC. No.35980 of 2025(2) dt.18-06-2025 2/3 during course of investigation as owner of the motorcycle in question. He further submits that apprehended co-accused persons have taken the motorcycle of the petitioner for treatment of his child but later on petitioner came to know that said motorcycle has been misused in carrying the illicit liquor and hence, petitioner cannot be held responsible for the alleged recovery. Petitioner bears no criminal antecedent. Petitioner has no concern with the seized liquor. In the light of aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provision of Bihar Prohibition and Excise Act.

5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of the petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned District and

Patna High Court CR. MISC. No.35980 of 2025(2) dt.18-06-2025 3/3 Additional Sessions Judge-cum-Exclusive Special Judge, Excise-II, Araria in connection with Raniganj Excise P.S. Case No. 25 of 2025, subject to the conditions as laid down under Section 482(2) of B.N.S.S.

7. The application stands allowed.

(Alok Kumar Pandey, J) shahzad/- U T