Sangam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51470 of 2025 Arising Out of PS. Case No.-193 Year-2025 Thana- RUPASPUR District- Patna ====================================================== Sangam Kumar, S/O Late Ranju Chauhan Resident of Village- Gobindpur, Nonia Tola, PS- Phulwari Sharif, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 14-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Rupaspur P.S. Case No. 193 of 2025, instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 60 litres of illicit liquor from the Scooty of the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case being registered owner of the Scooty. Petitioner was not present on the spot. In fact, petitioner had gone to market for purchasing vegetables and parked his Scooty near Gola Road ROB. When he returned back, he did not find his Scooty at the parked place. He had no knowledge about the seized liquor. It is further submitted

Patna High Court CR. MISC. No.51470 of 2025(3) dt.14-10-2025 2/2 that the prosecution case is doubtful as 60 litres liquor cannot be kept in the dickey of the Scooty. Petitioner was not present at the time of seizure of the liquor. Except that the petitioner is owner of the Scooty, there is no material against the petitioner to implicate him in this case. Petitioner is not involved in the trade of illicit liquor. Petitioner has no criminal antecedent. Petitioner undertakes to co-operate in the investigation and trial.

5. 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 and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the Petitioner, above-named, be released on bail upon furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge, Danapur in connection with Rupaspur P.S. Case No. 193 of 2025, subject to the conditions laid down in Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.

(Sunil Dutta Mishra, J) rakhi/- U T