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Patna High CourtCR. MISC./70057/2025allowed

Sanjiv Kumar @ Batakh @ Sanjit Chaudhry v. The State Of Bihar

2025-10-14Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70057 of 2025 Arising Out of PS. Case No.-519 Year-2025 Thana- JAKKANPUR District- Patna ====================================================== Sanjiv Kumar @ Batakh @ Sanjit Chaudhry Son of Thakur Chaudhary, Resident of Village- Janta Road, Ps- Gardanibagh, Dist- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Bihari Singh, Advocate.

For the Opposite Party/s :

Mr. Abhay Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 14-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in a case registered under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per prosecution case, there is recovery of 29.40 litre illicit country made liquor from the possession of coaccused Santosh Kumar who disclosed the fact that he was going to hand over the said illicit liquor to the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case only on the basis of disclosure statement made by the coaccused with whom the petitioner has no concern. He further submits that the petitioner was not present on the spot and no incriminating article has been recovered from his conscious possession. Learned counsel submits that the co-accused has

Patna High Court CR. MISC. No.70057 of 2025(2) dt.14-10-2025 2/2 implicated the petitioner in the present case with malafide. He further submits that petitioner has no concern with the alleged seized liquor. Learned counsel submits that petitioner is not involved in the trade and business of illicit liquor. He further submits that petitioner has got clean antecedent and he undertakes to cooperate in the investigation and trial.

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

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the concerned Court within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Patna in connection with Jakkanpur P.S. Case No.519 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

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