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Patna High CourtCR. MISC./55298/2025allowed

Sandeep Kumar v. The State Of Bihar

2025-08-27Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55298 of 2025 Arising Out of PS. Case No.-200 Year-2025 Thana- NEMDARGANJ District- Nawada ====================================================== Sandeep Kumar S/O Chando Prasad @ Chando Yadav R/O Village- Laund, P.S- Sirdala, Distt.- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Damodar Prasad Tiwary, APP ====================================================== 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 40 litres of country made liquor from motorcycle of petitioner parked near the Gumti.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Further submission is that the petitioner had parked his motorcycle near the gumti of one Satyendra Kumar and went to market and he had no knowledge about the recovery of the seized liquor. Petitioner was not present at the spot and nothing has been recovered from the conscious possession of the

Patna High Court CR. MISC. No.55298 of 2025(2) dt.27-08-2025 2/2 petitioner. Petitioner has no criminal antecedent and he 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.-I, Nawada in connection with Nemdarganj P.S. Case No. 200 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023.

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