Sanjeev Kumar @ Lallu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81807 of 2025 Arising Out of PS. Case No.-436 Year-2025 Thana- SUPAUL District- Supaul ====================================================== 1.
Sanjeev Kumar @ Lallu S/O Late Satrudhan Kamat Resident of Nagar Parishad, Ward No. 24, P.S. and District- Supaul. 2.
Ranjan Kumar @ Ranjan Kumar Kamat S/O Sanjay Kamat Resident of Nagar Parishad, Ward No. 24, P.S. and District- Supaul. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Patla Kumari, Advocate For the Opposite Party/s :
Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-12-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. Petitioners apprehend their arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioners submits that petitioner no.1 has antecedent of one case and petitioner no.2 is a person with clean antecedent and allegation is of recovery of 111 litres of liquor from a motorcycle. It is next submitted that petitioners were not arrested from the spot, as such, nothing was recovered from their conscious possession and are not the owners of the seized vehicle and they came to be implicated
Patna High Court CR. MISC. No.81807 of 2025(2) dt.23-12-2025 2/3 based on confessional statement of Prakash Kamat in police custody which does not have any evidentiary value.
4. Learned A.P.P. opposes the anticipatory bail application.
5. Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on provisional anticipatory bail on their furnishing bail-bonds in the sum of Rs.5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court No.-01, Supaul in connection with Supaul P.S. Case No.436 of 2025, subject to the conditions laid down under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after accepting the provisional bail bonds of the petitioners shall verify the criminal antecedent of the petitioners and in the event, if it is found that petitioner no.1 has antecedent of more than one case and petitioner no.2 has antecedent of even one case, then it would be presumed that petitioners for the purposes of obtaining anticipatory bail had concealed their antecedent
Patna High Court CR. MISC. No.81807 of 2025(2) dt.23-12-2025 3/3 before this Court, in that event, the present provisional anticipatory bail order shall not be confirmed, but if on verification, it is found that petitioner no.1 has antecedent of only one case and petitioner no.2 is a person with clean antecedent, in that event, the provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J) Sanjay/- U T