Sudhanshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61540 of 2025 Arising Out of PS. Case No.-24 Year-2020 Thana- ANGARGHAT District- Samastipur ====================================================== Sudhanshu Kumar S/O Subodh Kumar Singh Resident of village- Bhusari, P.S.- Muffasil, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Thakur For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 23-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Angarghat P.S. Case No. 24 of 2020 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per prosecution case, 6 litre illicit liquor was recovered from the motorcycle in question and one person succeeded in fleeing away from the place of occurrence.

4. Learned counsel for the petitioner submits that petitioner is not named in FIR. During the course of investigation, the name of the petitioner has been transpired in this case as the owner of the said motorcycle in question. He further submits that petitioner gave the said motorcycle to

Patna High Court CR. MISC. No.61540 of 2025(2) dt.23-09-2025 2/3 owner of the flour mill and he misused the said motorcycle. Petitioner has no knowledge that the said motorcycle has been used for carrying illicit liquor. He was not found at the place of occurrence. No incriminating article has been recovered from the conscious possession of the petitioner. Petitioner is innocent and has committed no offence as alleged in the FIR. In the light of the aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provisions of Bihar Prohibition and Excise Act. Petitioner bears criminal antecedent of one case. He further submits that just because of having criminal antecedent, petitioner has falsely been implicated in the present case.

5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise-

Patna High Court CR. MISC. No.61540 of 2025(2) dt.23-09-2025 3/3 I, Samastipur in connection with Angarghat P.S. Case No. 24 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Alok Kumar Pandey, J) alok/- U T