Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72962 of 2025 Arising Out of PS. Case No.-324 Year-2025 Thana- GARDANIBAG District- Patna ====================================================== 1.

Suraj Kumar S/o- Sanjay Prasad R/o-Vishnupuri, P.S.- Gardanibagh, DisttPatna 2.

Vikash Kumar S/o- Sanjay Prasad R/o-Vishnupuri, P.S.- Gardanibagh, DisttPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Jiban Pd Singh, Advocate For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 16-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioners are apprehending their arrest in a case registered for the offences under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that on 09.06.2025, during a raid at a slum, 67.4 litres of foreign liquor were recovered, at it is alleged that the petitioners were involved in its sale and purchase.

4. Learned counsel for the petitioners submits that the petitioners are quite innocent and have been falsely implicated in the instant case only on the basis of suspicion.

Patna High Court CR. MISC. No.72962 of 2025(2) dt.16-10-2025 2/3 The petitioners have no concern with the seized liquor and are in no way connected to the sale and purchase of illicit liquor. It is further submitted that the recovery has been made from a slum, and the access of the general public cannot be ruled out. He fairly submits that petitioner No. 1 has one criminal antecedent akin to the instant case and is on bail in that case, and petitioner No. 2 has no criminal antecedent, which is also mentioned in para-3 of the bail application.

5. Learned APP for the State opposed the prayer for bail.

6. Regard being had to the submission made by the parties, taking into consideration the fact that illicit liquor has not been recovered from the conscious possession and/ or premises belonging to the petitioners, accordingly, this Court is inclined to grant anticipatory bail to the petitioners.

7. Let the petitioners, above named, be released on anticipatory bail in the event of arrest or surrender before the Court below within a period of four weeks from today on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Bihar Prohibition and Excise -1st, Patna in connection with Gardanibagh P.S. Case

Patna High Court CR. MISC. No.72962 of 2025(2) dt.16-10-2025 3/3 No.324 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS, 2023.

(Ajit Kumar, J) shikha/- U T