Sanjiv Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87579 of 2025 Arising Out of PS. Case No.-67 Year-2025 Thana- INDUSTRIAL District- Bhagalpur ====================================================== Sanjiv Kumar S/o Niranjan Manjhi R/o Village- Jamni Paharpur (Nemotari), P.S.- Godda, Dist.- Godda (Jharkhand) ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajive Ranjan Singh For the Opposite Party/s :
Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 19-12-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Industrial Area P.S. Case No. 67 of 2025, F.I.R dated 17.05.2025 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.
3. As per the prosecution case, on the statement of the informant alleging that on 17.05.2025 at about 08:10 hours, while on patrolling duty, the police received information that a four-wheeler carrying illicit liquor was proceeding from Sabour to Naugachiya via Zeromile. Acting on the said information, the informant along with other police officials reached NH-80 road at Jyoti Bihar Colony, in front of Maa Tara Marble Tiles Shop,
Patna High Court CR. MISC. No.87579 of 2025(2) dt.19-12-2025 2/3 and intercepted a Toyota car bearing Registration No. JH-05 Z7101. The driver, namely Allaudin Ansari, was apprehended, and upon search, 235.515 litres of Indian Made Foreign Liquor were allegedly recovered from the said vehicle, for which a seizure was made.
4. Learned counsel for the petitioner submits that the vehicle in question is a commercial vehicle which was being driven by the driver who was employed to the said purpose, who has also been arrested from the place of seizure. Counsel for the petitioner next submits that though he has one antecedent but is not akin to the instant case, in which he is on bail. It has next been submitted that petitioner is a student for sustaining his livelihood and his family members his car on commercial business and driver is said to have been arrested.
5. Learned APP for the State opposes the prayer for anticipatory bail application.
6. Regard being had to the submission made by the parties, and taking into consideration the fact that illicit liquor has not been recovered from the constructive possession rather same has been recovered from the driver, who has been arrested and considering the aforesaid fact that the petitioner is a student and for sustaining his livelihood and his family members, his
Patna High Court CR. MISC. No.87579 of 2025(2) dt.19-12-2025 3/3 car was put on commercial business and this petitioner is in no way connected with the seized articles, accordingly, this Court is inclined to grant anticipatory bail to the petitioner.
7. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge IX, Bhagalpur in connection with Industrial Area P.S. Case No. 67 of 2025 subject to the condition as laid down under Section 482(2) of the B.N.S.S., 2023.
(Ajit Kumar, J) abhishekkr/- U T