Sachin Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87675 of 2024 Arising Out of PS. Case No.-1767 Year-2023 Thana- Excise P.S. District- Gaya ====================================================== Sachin Kumar Son of Arjun Prasad Resident of Village - Sabalchak, P.S. - Tankuppa, District - Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Durgesh Nandan, Advocate.
For the State :
Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 08-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The present petition has been filed on behalf of the petitioner, apprehending his arrest, in connection with Gaya Excise P.S. Case No. 1767 of 2023 dated 7.10.2023, registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2018.
3. As per allegation, 150 litres of illicit Mahua liquor has been recovered from the car bearing registration No. BR02J0651 and the driver of the vehicle was arrested on the spot. The present petitioner has been alleged to be the owner of the vehicle.
4. Learned counsel for the Petitioner submits that the Petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.87675 of 2024(2) dt.08-01-2025 2/3 case. He further submits that the petitioner is neither the owner of the vehicle nor is he anyay connected with the alleged offence. There is no legal basis for implicating the present petitioner in the present case. He also submits that no prima facie case is made out against the petitioner.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has got clean antecedent.
7. Learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs.10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Suresh Kumar Singh II, learned Exclusive Excise Judge No.- 3, Gaya, in connection with Gaya Excise P.S. Case No. 1767 of 2023, subject to the conditions as laid down under Section 438
Patna High Court CR. MISC. No.87675 of 2024(2) dt.08-01-2025 3/3
(2) Cr.PC and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedent, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) S.Ali/- U T