Shree Ram Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86417 of 2025 Arising Out of PS. Case No.-345 Year-2025 Thana- SHEOHAR District- Sheohar ====================================================== Shree Ram Kumar S/o- Late Ramdayal Ram R/v- Banshi, Pachra, P.S. Tariyani District- Sheohar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Lokesh Kumar, Advocate For the Opposite Party/s :
Mrs. Veena Kumari Jaiswal, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-12-2025 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 Sheohar Police Station Case No. 345 of 2025, disclosing offences under Section 30(a) of Bihar Prohibition and Excise Act.
3. The prosecution case, as per the First Information Report, is that on 16.08.2025, around 01:15 p:m, police party on patrolling duty, saw a person riding a Pulsar motorcycle with a sack tied to the back. Upon seeing the police vehicle, the person turned around the motorcycle and attempted to flee after abandoning the motorcycle and the sack on the roadside. On search of abandoned Pulsar motorcycle bearing Registration No.
Patna High Court CR. MISC. No.86417 of 2025(2) dt.23-12-2025 2/3 BRO6CS6274, total 42.900 litres of Nepali country-made liquor was recovered. Petitioner is the owner of seized motorcycle.
4. Learned Counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case only on the basis of registered owner of seized motorcycle. Learned counsel next submits that his friend had borrowed the motorcycle for some urgent piece of work. Petitioner had no knowledge about the alleged recovery of illicit liquor. Learned counsel lastly submits that recovery has not made from the conscious possession of the petitioner and petitioner is having no criminal antecedent.
5. Regards being had to the submissions made on behalf of the parties and taking into consideration the fact that petitioner is having no criminal antecedent and the motorcycle was borrowed by the petitioner's friend, 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 Judge (Excise),
Patna High Court CR. MISC. No.86417 of 2025(2) dt.23-12-2025 3/3 Sheohar, in connection with Sheohar Police Station Case No. 345 of 2025, subject to the condition laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita. (Anil Kumar Sinha, J) Siwani/- U T