Sajan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38990 of 2025 Arising Out of PS. Case No.-90 Year-2025 Thana- BELDOUR District- Khagaria ====================================================== Sajan Kumar S/O Suresh Singh R/O Village- Kurban, P.S.- Beldaur, DistrictKhagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gaurav Kumar, Advocate For the Opposite Party/s :

Mr.Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-06-2025 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Beldaur P.S. Case No. 90/2025 registered on 22.03.2025 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, and Section 25(1-B)a/26 of the Arms Act.

3. As per the prosecution, a total recovery of 37.14 litres of illicit liquor, along with utensils used for its preparation, as well as two country-made pistols and 26 live cartridges, has been made, which forms the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. It is contended that no recovery has been made from the conscious physical possession of the petitioner. His name has been falsely

Patna High Court CR. MISC. No.38990 of 2025(2) dt.25-06-2025 2/2 implicated in the present case due to local village-level political rivalry. It is further submitted that the alleged recovery was shown to have been made from a joint family house, where several persons reside. However, learned counsel fairly concedes that the antecedents of the petitioner are not clean, as he is an accused in three other criminal cases.

5. Learned APP for the State opposes the prayer for bail and submits that the antecedents of the petitioner are not clean. He further contends that, apart from the recovery of illicit liquor, utensils used in its manufacture and two country-made pistols along with 26 live cartridges were also recovered from the possession of the petitioner.

6. In this background, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner in connection with Beldaur P.S. Case No. 90/2025, pending before the learned Exclusive Special Excise Judge-II, Khagaria, is hereby rejected.

(Dr. Anshuman, J) Ashwini/- U T