Sanjeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59827 of 2025 Arising Out of PS. Case No.-190 Year-2025 Thana- Excise P.S. District- Bhagalpur ====================================================== 1.

Sanjeev Kumar S/o- Rajesh Sharma Village- Rani Talab Ps- Zeromile DistBhagalpur 2.

Piyush Kumar S/o- Nabal Kishor Mandal Village- RAni Talab Ps- Zeromile Dist- Bhagalpur 3.

Preetam Kumar S/o- Bilash Mandal Village- Rani Talab Ps- Zeromile DistBhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mrs. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 17-09-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. Petitioners seek regular bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act.

3. There is recovery of 2.250 litres Indian made foreign liquor from beneath the seat of a motorcycle and 48.750 litres Indian made foreign liquor from the roof of a tempo. Petitioner no.1 apprehended on the spot with motorcycle. Petitioner no.2 (driver of tempo) and petitioner no.3 (passenger) were also arrested on the spot.

4. Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.59827 of 2025(2) dt.17-09-2025 2/2 petitioners are innocent and have been falsely implicated in this case. Nothing has been recovered from conscious possession of the petitioners. Petitioners have no concern with the seized liquor. Petitioner no.1 is not the owner of the motorcycle rather he was directed by owner to deliver the motorcycle to his house after repairing. Petitioners had no knowledge about keeping of illicit liquor on the vehicles. There is no independent witness of the seizure list. Petitioners are young boys aged about 19-20 years having no criminal antecedent. Petitioners are in jail since 07.07.2025 and they undertake to cooperate in the trial.

5. Learned A.P.P. has opposed the prayer for bail of the petitioners.

6. Having considered the facts and circumstances of the case, the submissions of the parties and period of custody, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge IX-cum-Exclusive Special Excise Judge-I, Bhagalpur in connection with Excise (Sadar) P.S. Case No.190 of 2025.

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