Jay Prakash @ Jay Prakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85355 of 2024 Arising Out of PS. Case No.-572 Year-2024 Thana- BAKHTIYARPUR District- Patna ====================================================== Jay Prakash @ Jay Prakash Kumar Son of Mathura Prasad R/O Vill.- Station Road Bakhtiyarpur, PS- Bakhtiyarpur, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-01-2025 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Bakhtiyarpur PS case no. 572 of 2024, disclosing offences punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2022.

3.

The prosecution story, as per the First Information report, is that on 01.10.2024, the police, upon secret information that one Ranjit Kumar has kept illicit liquor at his garment shop situated at D.S. Market, Station Road, Bakhtiyarpur, proceeded towards the place of occurrence and on seeing the police party, one person came out of the garment shop and tried to flee away and succeeded in the same. Police recovered 4.5 liters of illicit liquor from the garment shop of Ranjit Kumar. Thereafter, the

Patna High Court CR. MISC. No.85355 of 2024(2) dt.08-01-2025 2/3 police reached the godown of the said Ranjit Kumar, situated in the house of the petitioner and recovered 21.6 liters of foreign liquor from the said godown.

4.

Learned Counsel for the petitioner submits that the petitioner has been made accused merely on the basis of the fact that co-accused Ranjit Kumar has taken the premises of the petitioner on rent, from where the illicit liquor was recovered by the Police. He further submits that petitioner had not given his godown on rent to keep illicit liquor or any other contraband material and he was not aware about the liquor being kept by his tenant i.e. co-accused Ranjit Kumar.

5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that illicit liquor has been recovered from the godown which was given on rent by the petitioner to the co-accused Ranjit Kumar, I am inclined to grant the privilege of anticipatory bail to the petitioner.

6.

This application is, accordingly, allowed.

7.

Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.85355 of 2024(2) dt.08-01-2025 3/3 satisfaction of learned Exclusive Special Judge, Excise, Barh, Patna in connection with Bakhtiyarpur PS case no. 572 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) rinkee/- U T