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Patna High CourtCR. MISC./70827/2025allowed

Sanjeev Mehta v. The State Of Bihar

2025-10-14Mr. Justice Alok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70827 of 2025 Arising Out of PS. Case No.-604 Year-2025 Thana- Excise P.S. District- Sitamarhi ====================================================== Sanjeev Mehta S/O Late Vilash Mehta Resident of Village- Rewasi Ward No. 10, P.S- Riga, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar For the Opposite Party/s :

Ms. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 14-10-2025 Learned counsel for the petitioner is permitted to make necessary correction in paragraph nos. 4 and 11 of the bail petition during course of the day.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner is apprehending his arrest in connection with Sitamarhi Excise P.S. Case No. 604/2025 registered for the offences punishable under Sections 30(a) and 32 (3) of the Bihar Prohibition of Excise Act.

4. As per prosecution case, there is alleged recovery of 162.960 liters foreign liquor from the Goat Farm of co-accused Ravi Ranjan @ Tunna Mehta. Villagers disclosed the name of the petitioner and others who were involved in the business of illicit liquor.

Patna High Court CR. MISC. No.70827 of 2025(2) dt.14-10-2025 2/3

5. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR. The name of villagers have not been disclosed, which questions the authenticity of the FIR. Except disclosure of villagers, there is nothing on record to demonstrate the complicity of the present with the alleged occurrence. The petitioner bears no criminal antecedent. The petitioner was not found at the place of occurrence. No incriminating article has been recovered from the possession of the petitioner. The petitioner has no concern with the seized liquor. The petitioner is not the owner of the said goat farm. The petitioner is not in any way connected with the alleged occurrence. There is no compliance of Section 103(4) of the B.N.S.S. In the light of the aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provision of Bihar Prohibition of Excise Act.

6. The learned A.P.P. for the State opposed the prayer for anticipatory bail of the petitioner.

7. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner

Patna High Court CR. MISC. No.70827 of 2025(2) dt.14-10-2025 3/3 above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-II, Sitamarhi in connection with Sitamarhi Excise P.S. Case No. 604/2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S.

8. The application stands allowed.

(Alok Kumar Pandey, J) amitkumar/- U T