Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55198 of 2025 Arising Out of PS. Case No.-75 Year-2024 Thana- Garahara District- Begusarai ====================================================== Suraj Kumar S/o Dinesh Mahton @ Dinesh Mahto R/O Village-Thakurichak, Near Devi Asthan, PS-Garhara, Distt- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ajay Kumar No. 2, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 27-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in a case registered under Sections 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 62.64 litres of illicit foreign liquor from the banana orchard. The accused persons managed to flee away from the spot after seeing the police party.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Further submission is that the alleged recovery has been made from an open place easily accessible to anyone. Petitioner has no concern with the seized illicit liquor or the place of occurrence. Nothing incriminating material has been recovered

Patna High Court CR. MISC. No.55198 of 2025(2) dt.27-08-2025 2/2 from the conscious possession of the petitioner. It is submitted that similarly situated co-accused Dhiraj Kumar @ Dhiraj Mahto has already been granted anticipatory bail by a Coordinate Bench of this Court vide order dated 02.04.2025 passed in Cr. Misc. No. 11644 of 2025 (Annexure- P/2). Petitioner has two criminal antecedents in which, he is on bail. Petitioner undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

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 be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 1, Begusarai in connection with Garhara P.S. Case No. 75 of 2024, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023. (Sunil Dutta Mishra, J) utkarsh/- U T