Patna High CourtCR. MISC./64078/2025bail granted

Sanjeev Kumar @ Sanjeev Prasad v. The State Of Bihar

2025-09-23Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64078 of 2025 Arising Out of PS. Case No.-80 Year-2025 Thana- Excise Mashrakh District- Saran ====================================================== Sanjeev Kumar @ Sanjeev Prasad S/o Sri Awadhesh Prasad R/o Khoripakar, Govind, P.S- Amnaur, Distt- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar Sinha For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 23-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Masrakh (Excise) P.S. Case No. 80 of 2025 registered for the alleged offences under Sections 30(a) of Bihar Prohibition and Excise Act.

3. As per prosecution case, the police received information about petitioner selling illicit spirit from his hut. A raid was conducted and the petitioner was apprehended and from his possession, recovery of 40 liters of illicit spirit was made.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.64078 of 2025(2) dt.23-09-2025 2/3 case and nothing incriminating has been recovered from the conscious possession of the petitioner. It is not believable that a person trying to flee away carrying 40 liters of spirit. The petitioner has antecedent of two cases and he is on bail in both the cases. The petitioner is in custody since 23.07.2025.

5. Learned APP opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special (Excise) Court-III, Saran at Chapra/concerned Court in connection with Mashrakh (Excise) P.S. Case No. 80 of 2025, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following conditions :

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

Patna High Court CR. MISC. No.64078 of 2025(2) dt.23-09-2025 3/3 (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) DKS/- U T