Sanjay Kumar @ Sanjay Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47602 of 2025 Arising Out of PS. Case No.-146 Year-2025 Thana- BARUN District- Aurangabad ====================================================== Sanjay Kumar @ Sanjay Prasad son of Late Krishna Prasad Resident Of Village- (Kasth Toli) Old Town Near Old Fort Daudnagar Ps- Daudnagar PoDaudnagar District- Aurangabad Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rahul Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Barun P.S. Case No. 146 of 2025 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 205 litres of liquor has been recovered out of which 109 litres has been recovered from cartons.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case on the grounds of grudge and animosity. Petitioner was not apprehended on the spot. The name of the petitioner has

Patna High Court CR. MISC. No.47602 of 2025(2) dt.11-07-2025 2/3 transpired in this case on the basis of disclosure made by the coaccused persons who were apprehended on the spot. No incriminating article has been recovered from the conscious possession of the petitioner rather the recovery has been made from an open place. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for the petitioner further submits that the petitioner is the first owner of the seized motorcycle and had sold the same to the co-accused Manoj Choudhary but, as the money was due, the transfer of the motorcycle could not be done in the name of Manoj Choudhary. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. Co-accused persons have already been granted anticipatory bail by this Court vide order dated 09.05.2025 passed in Cr. Misc. No. 31390 of 2025.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the petitioner has three criminal antecedents of similar nature of offence.

6. Having heard learned counsel for the parties and considering the aforesaid facts and circumstances of the case as also there being three criminal antecedents of similar nature of offence, this Court is not inclined to grant privilege of

Patna High Court CR. MISC. No.47602 of 2025(2) dt.11-07-2025 3/3 anticipatory bail to the petitioner.

7. Accordingly, the prayer for anticipatory bail of the petitioner, above named, is rejected. If the petitioner surrenders before the court below within a period of four weeks from today and prays for regular bail, the same would be considered by the court below in accordance with law without being prejudiced by the order of this Court.

(Rudra Prakash Mishra, J) rishi/- U T