Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58222 of 2025 Arising Out of PS. Case No.-290 Year-2025 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Suraj Kumar S/o Rambalak Sah R/o Vill- Sahbajpur, P.S.- Ahiyapur, DisttMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Baijnath Sah, Advocate For the Opposite Party/s :

Ms. Meena Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 16-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Ahiyapur P.S. Case No. 290 of 2025 registered under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, on the basis of secret information that the petitioner and other accused persons have brought liquor and concealed and are selling the same in brickbuilt constructed house of Surya Narayan Sah, a raid was conducted and total 34.56 litres of illicit liquor was recovered from brick-built constructed house of Surya Narayan Sah. It is alleged that 4-5 persons were managed to flee away from the spot. Spy and local persons identified the petitioner and other accused persons.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.58222 of 2025(2) dt.16-09-2025 2/2 petitioner is innocent and has committed no offence. Petitioner was not present on the spot and nothing incriminating material has been recovered from the conscious possession of the petitioner. He has no concern either with the seized illicit liquor or place of occurrence.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail and submits that petitioner is a habitual offender having five criminal antecedents of similar nature and there is specific allegation that petitioner is involved in illegal trade of illicit liquor. He further submits that in view of Full Bench decision of this Court rendered in the case of Ram Vinay Yadav vs. The State of Bihar reported in 2019(2) P.L.J.R. 1089 (F.B.), prima facie case is made out against the petitioner, therefore, the anticipatory bail is not maintainable.

6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties as well as criminal history of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for anticipatory bail is, hereby, rejected.

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