Sanjeev Kumar @ Sanjeev Saurav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 44920 of 2025 Arising Out of PS. Case No.-125 Year-2021 Thana- KARJA District- Muzaffarpur ====================================================== Sanjeev Kumar @ Sanjeev Saurav S/o Sanjay Kumar R/o Village - Madhubani, P.S. -Muzaffarpur Sadar, Dist. - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 16-07-2025 Heard Mr. Virendra Kumar, learned counsel for the petitioner and Mr. Ganesh Prasad Singh, learned APP for the State.

2.The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Kajra P.S. Case No. 125 of 2021 instituted for the offence under Sections 272, 273, 414 read with Section 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that from two Scorpio vehicles, altogether 198.720 liters of country-made foreign liquor was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No. 44920 of 2025(2) dt.16-07-2025 2/3 committed no offence. He has falsely been implicated in this case. He also submits that the petitioner was not named in the FIR. During the course of investigation, the petitioner name has surfaced in supervision. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. He further submits that from perusal of the order of the learned trial court, it also transpires that the name of this petitioner has surfaced in supervision note. It is worth mentioning that supervision note is not a material for investigation. It is only the direction to the I.O. as to how he has to conduct the investigation. Independently, it is not a material. It has lastly been submitted that a statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

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 petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Kajra P.S. Case No. 125 of 2021, he will be

Patna High Court CR. MISC. No. 44920 of 2025(2) dt.16-07-2025 3/3 enlarged on 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 Exclusive Special Judge Excise-2, Muzaffarpur, .subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Sudhanshu/- U T