Sujit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.475 of 2025 Arising Out of PS. Case No.-227 Year-2024 Thana- RAMPUR HARI District- Muzaffarpur ====================================================== Sujit Kumar S/o Rampadarath Rai R/o vill - Manikpur Maksudpur, P.S.- Rampur Hari, Distt.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar, Advocate For the Opposite Party/s :

Ms.Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-02-2025 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Rampur Hari PS case no. 227 of 2024, disclosing offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3.

The prosecution story, as per the First Information report, is that upon information that one Santosh Kumar had kept huge quantity of illicit foreign liquor in his house, informant along with other police personnel went to the place of occurrence. Upon seeing them, total six persons started fleeing away. Out of them, two were apprehended and they disclosed their names as Manju Devi and Ragini Devi (F.I.R. named accused persons) and also named the absconded persons as the petitioner herein and three others. Upon search, 438.060 liters of

Patna High Court CR. MISC. No.475 of 2025(2) dt.06-02-2025 2/3 illicit foreign liquor has been recovered from the hut of accused persons including the petitioner and seizure list was prepared. 4.

Learned Counsel for the petitioner submits that the petitioner's name was disclosed by the accused persons, who were arrested from spot. He further submits that no incriminating article has been recovered from the conscious possession of the petitioner. He also submits that seizure list shows that the illicit liquor has been recovered from the husk room of co-accused Santosh Kumar. Petitioner is stated to be having no criminal antecedent.

5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that illicit liquor has been recovered from the husk room of co-accused and the petitioner is having no criminal antecedent, I am inclined to grant the privilege of anticipatory bail to the petitioner.

6.

This application is, accordingly, allowed.

7.

Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six 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 Special Judge, Excise Court No. II,

Patna High Court CR. MISC. No.475 of 2025(2) dt.06-02-2025 3/3 Muzaffarpur in connection with Rampur Hari PS Case No. 227 of 2024, subject to the condition laid down under Section 438

(2) of the Code of Criminal Procedure.

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