Santlal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67860 of 2025 Arising Out of PS. Case No.-18 Year-2021 Thana- FALKA District- Katihar ====================================================== Santlal Kumar, S/O Anirudh Prasad Yadav, Resident of Village- Gambhariya, P.S.- Saur Bazar, Dist.- Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghvendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 07-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Falka P.S. Case No. 18 of 2021, instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 144.750 litre foreign liquor has been recovered from a Maruti Suzuki Car bearing Registration No. DL3C BM 1651. Co-accused Deepak Kumar was apprehended on the spot whereas petitioner and other co-accused fled away from the spot.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Petitioner is neither owner nor driver of the alleged vehicle. He has no concern with the seized liquor. Except the disclosure

Patna High Court CR. MISC. No.67860 of 2025(2) dt.07-10-2025 2/2 statement of apprehended co-accused, there is no material against the petitioner to show his involvement in the offence. Petitioner has no criminal antecedent. He undertakes to co-operate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the Petitioner, above-named, be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge cum Exclusive Excise Court no.-2, Katihar in connection with Falka P.S. Case No. 18 of 2021, subject to the conditions laid down in Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.

(Sunil Dutta Mishra, J) rakhi/- U T