Sujit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43215 of 2025 Arising Out of PS. Case No.-293 Year-2025 Thana- KANKARBAG District- Patna ====================================================== Sujit Kumar S/O Late Anup Paswan @ Anup Prasad R/O Dusadi Pakri, PSKankarbagh, Distt-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Shekhar, Adv.

For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 16-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Kankarbagh P.S. Case No. 293/2025 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition of Excise Act.

3. As per prosecution case, there is alleged recovery of 4.8 liters country made liquor from the bag near the tea stall. Local people disclosed the name of the petitioner who fled away from the place of occurrence.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR. Except disclosure of local people, there is nothing on record to demonstrate the complicity of the present with the

Patna High Court CR. MISC. No.43215 of 2025(2) dt.16-07-2025 2/3 alleged occurrence. The petitioner bears no criminal antecedent. The petitioner was not found at the place of occurrence. No incriminating article has been recovered from the possession of the petitioner. The petitioner has no concern with the seized liquor. The petitioner is not the owner of the said tea stall. He further submits that the alleged recovery was made from the open place which is accessible to all and the petitioner cannot be held liable for the same. The petitioner is not in any way connected with the alleged occurrence. There is no compliance of Section 103 B.N.S.S. In the light of the aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provision of Bihar Prohibition of Excise Act.

5. The learned A.P.P. for the State opposed the prayer for anticipatory bail of the petitioner and submits that there is alleged recovery of 4.8 liters country made liquor from the bag near the tea shop and the petitioner cannot escape from the liability of the alleged recovery.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner

Patna High Court CR. MISC. No.43215 of 2025(2) dt.16-07-2025 3/3 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 Court of learned 1st Special Judge Excise Act, Patna in connection with Kankarbagh P.S. Case No. 293/2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S.

7. The application stands allowed.

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