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Patna High CourtCR. MISC./62253/2025bail granted

Sahil Kumar Sanju v. The State Of Bihar

2025-09-24Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62253 of 2025 Arising Out of PS. Case No.-200 Year-2023 Thana- Excise P.S. District- Khagaria ====================================================== Sahil Kumar Sanju S/o Satandev Prasad Singh @ Satto R/o Village_ Bhadas North, P.S.- Gangaur, DIstt.- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar Singh For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-09-2025

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application for grant of anticipatory bail arises out of Khagaria Excise Police Station Case No. 200 of 2023, dated 08.05.2023, disclosing offence under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as 'the Act').

3. The prosecution case, as per the First Information Report, is that on 08.05.2023, while on patrolling duty, the police, on secret information, reached under Muffasil P.S., Kukurmara Bahiyar, Bhadas North, and found two persons preparing illicit liquor. Upon seeing the police, both tried to flee, but were apprehended and disclosed their names as Deepak Kumar and Sawan Kumar. During

Patna High Court CR. MISC. No.62253 of 2025(2) dt.24-09-2025 2/3 the search, one Pulsar motorcycle, bearing registration no. BR34R-0763, was seized, and from the motorcycle 5 litres of illicit chulai liquor was recovered, besides 3 litres of chulai liquor from the possession of Sawan Kumar. The seizure list was prepared, and thereafter, the accused persons were apprehended.

4. Learned counsel for the petitioner submits that he has not committed any offence in the manner alleged and he has false been implicated in the present case merely he happens to be the registered owner of the said vehicle. He further submits that the vehicle, in question, was sold by the petitioner, on 29.08.2022, in favour of one Mithun Sahni, which would be evident from Annexure-2 to this application.

5. Regards being had to the submission made by the parties and taking into consideration the fact that the vehicle, in question, was transferred/sold prior to the date of occurrence, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be

Patna High Court CR. MISC. No.62253 of 2025(2) dt.24-09-2025 3/3 released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court 2nd, Khagaria, in connection with Khagaria Excise Police Station Case No. 200 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) ashwani/- U T