Kedar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85952 of 2025 Arising Out of PS. Case No.-774 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Madhepura ====================================================== Kedar Jha S/O Vedanand Jha @ Shivendra Jha R/O- Gamail, Ward No. 06, P.S.- Bihariganj, District- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr Sanjay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Kanhiya Kishor, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-12-2025 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, in Excise Case No. 774 of 2021 arising out of Excise Complaint Case No. 195 of 2021-22, disclosing offences under Section 30(a) of Bihar Prohibition and Excise Act.

3. The prosecution case, as per the First Information Report, is that, informant received secrete information that coaccused Neeraj Kumar Singh was allegedly selling and distributing illegal liquor. Upon such information, police party reached at the place of occurrence and saw that co-accused Neeraj Kumar Singh, was keeping items inside the poultry farm.

Patna High Court CR. MISC. No.85952 of 2025(2) dt.18-12-2025 2/3 On seeing the police, he succeeded in fleeing away. On search, total 39 litres of illegal foreign liquor was recovered from the poultry farm. The owner of the land on which poultry farm is situated is the petitioner.

4. Learned Counsel for the petitioner submits that petitioner is 83 years old and he has been made accused merely because he is the owner of the land upon which a poultry farm is being run by co-accused Neeraj Kumar Singh. He further submits that land in question was given on rent to co-accused Neeraj Kumar singh on 29.09.2021, which is annexed at Annexure P/2 and the land was in occupation of Neeraj Kumar Singh who was dealing with the illicit liquor. Nothing has been recovered from the conscious possession and/or premises belonging to the petitioner. Petitioner is having clean antecedent.

5. Regards being had to the submissions made on behalf of the parties and taking into consideration the fact that petitioner is the land owner and the land was given on rent to co-accused Neeraj Kumar Singh in the year 2021 itself and petitioner is having no criminal antecedent, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

Patna High Court CR. MISC. No.85952 of 2025(2) dt.18-12-2025 3/3

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 District & Additional Sessions Judge VII cum Special Judge Excise-II, Madhepura, in connection with Excise Case No. 774 of 2021 arising out of Excise Complaint Case No. 195 of 2021-22, subject to the condition laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita.

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