Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53756 of 2025 Arising Out of PS. Case No.-301 Year-2025 Thana- NOORSARAI District- Nalanda ====================================================== Suraj Kumar Son of Krishna Prasad Village-Sahsaray, P.s-Noorsarai, DistrictNalanda. Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ramchandra Sahni, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-08-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. appearing on behalf of the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 30(a) and 36 of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 1.8 litres of foreign liquor was recovered from an abandoned house.

4. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of this petitioner and he is in no way connected with the aforesaid recovery. Petitioner has got one criminal antecedent of similar nature in which he is already on bail.

Patna High Court CR. MISC. No.53756 of 2025(2) dt.07-08-2025 2/2

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the quantity of recovery and the fact that no incriminating article has been recovered from conscious possession of this petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of Special Judge, Excise-II, Biharsharif, Nalanda (Bihar) in connection with Noorsarai P.S. Case No. 301 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S.. (Prabhat Kumar Singh, J) Neha/- U T