Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63727 of 2025 Arising Out of PS. Case No.-143 Year-2025 Thana- KOTWALI District- Munger ====================================================== Sanjay Kumar Son of Late Vishundev Mandal R/o Village - Guljar Pokhar, Ward No. 13, P.S. - Kotwali, District - Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deep Anshuman, Advocate For the Opposite Party/s :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-09-2025 Heard the parties.

2. The petitioner is apprehending his arrest in connection with Kotwali P.S. Case No. 143 of 2025 for the offence under sections 30(a) of the Bihar Prohibition and Excise Act lodged on 02.07.2025 by the informant, Ajeet Kumar.

3. As per the prosecution story, the informant alleged that on information, the house of Sanjay Kumar was raided and there is recovery/seizure of 6.020 liters of country made liquor. This led to the FIR.

4. Learned counsel for the petitioner submits that recovery/seizure is from the joint house and not from the conscious possession and he do not have any criminal antecedent.

5. Learned APP opposes the prayer.

Patna High Court CR. MISC. No.63727 of 2025(2) dt.24-09-2025 2/3

6. Taking into account the submissions of the parties as also the fact that the petitioner has no criminal antecedent, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions.

7. If, however, it is found that contrary to the statement made in paragraph-3, the petitioner has criminal antecedent, the present order shall become infructuous.

8. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Exclusive Special Judge, Excise, II, Munger in connection with Kotwali P.S. Case No. 143 of 2025 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

Patna High Court CR. MISC. No.63727 of 2025(2) dt.24-09-2025 3/3 (iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Adnan/- U T