Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64789 of 2025 Arising Out of PS. Case No.-103 Year-2022 Thana- RAHIKA District- Madhubani ====================================================== Sanjay Kumar, Son of Ram Nihora Kumar, R/o Village- Kasera Pokhar, Ward no. 4, P.S- Town, District - Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Pallavi, Adv.

Mr. Manoj Kr. Pandey, Adv.

For the Opposite Party/s :

Mr. Binod Kr. No 3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 24-09-2025 Heard Ms. Kumari Pallavi, learned counsel for the petitioner and Mr. Binod Kr. No 3, learned APP for the State.

2. The petitioner apprehends his arrest in connection with Rahika P.S. Case No. 103 of 2022 dated 17.06.2022 registered for the offences punishable under sections 272, 273 read with section 34 of the Indian Penal Code and section 30(a) of the Bihar Prohibition & Excise Act (in short 'Excise Act').

3. The main submissions advanced by petitioner's counsel are that the petitioner is not alleged to be present with the apprehended co-accused Sanjit Paswan and he has been made accused mainly on account of he being the registered owner of the alleged vehicle from which the alleged 26.400 litres of Nepali country made liquor is said to have been recovered. It is further submitted that the petitioner bears no criminal antecedent and his past history is completely clean and he has not remained involved in any kind of offence relating to the Excise Act. It is

Patna High Court CR. MISC. No.64789 of 2025(2) dt.24-09-2025 2/2 lastly submitted that the material, upon which the prosecution has based its allegations against this petitioner, is not sufficient to show the petitioner's involvement in the alleged offences punishable under the Excise Act, under which the FIR has been registered, even prima facie, against this petitioner, so, his prayer for anticipatory bail is not hit by the provisions of section 76(2) of the Excise Act.

4. Learned APP appearing for the State has opposed the prayer of the petitioner.

5. In the facts and circumstances of this case as well as considering the submissions as stated above and coupled with petitioner's fair and clean antecedent, this Court is inclined to grant the relief of anticipatory bail to the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Rahika P.S. Case No. 103 of 2022, subject to the conditions as laid down under Section 482(2) of the BNSS.

(Shailendra Singh, J) annu/- U T