Satyendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70965 of 2025 Arising Out of PS. Case No.-864 Year-2025 Thana- Excise P.S. District- Aurangabad ====================================================== Satyendra Kumar S/o- Sunil Ram @ Sunil Kumar Resident of villKoyalakhap PS- Chhatarpur Dist- Palamu Jharkhand ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Adarsh Singh For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-10-2025

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Aurangabad Excise Police Station Case No. 864 of 2025, dated 17.08.2025, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. The prosecution case, as per the First Information Report, is that the police, one secret information that two persons are coming on a motorcycle, bearing registration no. JH 03AF/2762, loading illicit liquor on the same, reached at the place of occurrence and saw two persons coming on a motorcycle, who were surrounded by the police and were apprehended. There was a bag on the motorcycle between the two persons. On search of the bag, the police

Patna High Court CR. MISC. No.70965 of 2025(2) dt.15-10-2025 2/3 recovered 10.2 litres of illicit liquor.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case merely because he happens to be the registered owner of the motorcycle in question. He further submits that co-accused Pintu Kumar, who is the brother of the petitioner, he had taken his motorcycle for some work and the petitioner had no knowledge about the illicit liquor being transported on his motorcycle. He further submits that the petitioner has no concern with the seized illicit liquor and he has got no criminal antecedent.

5. Regards being had to the submission advanced on behalf of the parties concerned and taking into consideration the fact that the petitioner has got no criminal antecedent and he has been made accused on the basis of being the registered owner of the motorcycle, which was borrowed by his brother, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/-

Patna High Court CR. MISC. No.70965 of 2025(2) dt.15-10-2025 3/3 (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. II, Aurangabad, in connection with Aurangabad Excise Police Station Case No. 864 of 2025, subject to the condition laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √