Santan Kumar @ Sanatan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82289 of 2025 Arising Out of PS. Case No.-160 Year-2025 Thana- Lakho District- Begusarai ====================================================== Santan Kumar @ Sanatan Kumar S/o Sri Vijay Singh R/o Village- Tiniyat, P.S- Lakho, Distt.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Indu Kumari Srivastava, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-12-2025 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 Lakho Police Station Case No. 160 of 2025, disclosing offences under Sections 30(a), 32(3) and 41(2) of Bihar Prohibition and Excise Act, 2018.

3. The prosecution case, as per the First Information Report, is that the Police intercepted a Car in which two persons were sitting. The driver was apprehended and the person sitting beside the driver seat, succeeded in fleeing away. On search, total 433.340 litres of liquor has been recovered from the said Tata Sumo Gold Car. The name of the petitioner was disclosed by the driver

Patna High Court CR. MISC. No.82289 of 2025(2) dt.10-12-2025 2/3 who was arrested on the spot.

4. Learned Counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Learned counsel next submits that petitioner is not the owner of the car nor the driver and his name has transpired on the basis of confessional statement made by the arrested co-accused. No recovery has been made from the conscious possession or vehicle belonging to the petitioner.

5. Regards being had to the submissions made by the parties and taking into consideration the fact that the recovery is not made from the vehicle of the petitioner and his name has transpired on the basis of disclosure made by the arrested co-accused, 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/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-1, Begusarai, in connection with Lakho Police

Patna High Court CR. MISC. No.82289 of 2025(2) dt.10-12-2025 3/3 Station Case No. 160 of 2025, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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