Satyam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61611 of 2025 Arising Out of PS. Case No.-4 Year-2025 Thana- Pahelja P.S. District- Saran ====================================================== Satyam Kumar S/o Kaushal Maharaj R/o Village- Kharika, P.S.- Pahleja, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Kashyap For the Opposite Party/s :

Mr.Ram Priya Sharan 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 Pahleja P.S. Case No. 04 of 2025 registered for the offences punishable under Section 30(a) and 37 of Bihar Excise and Prohibition (Amended ) Act, 2022.

3. As per prosecution case, 360 ml of foreign liquor was recovered from the motorcycle in question and co-accused Prem Kumar was apprehended on the spot and he disclosed the name of petitioner and other who fled away from the place of occurrence.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Petitioner has no concern with the motorcycle in question. Except disclosure of apprehended co-accused, there is nothing on record to connect the

Patna High Court CR. MISC. No.61611 of 2025(2) dt.23-09-2025 2/2 petitioner with the alleged occurrence. Learned counsel has submitted through supplementary affidavit that petitioner bears criminal antecedent of one case. Nothing has been recovered from the conscious possession of the petitioner. In the light of aforesaid facts and circumstances, no offence is made out against the petitioner.

5. The learned A.P.P. for the State vehemently 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 abovenamed, 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 Exclusive Special Judge, Excise Court No. 2nd Saran at Chapra in connection with Pahleja P.S. Case No. 04 of 2025, subject to the conditions as laid down under Section 482(2) of B.N.S.S.

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