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Patna High CourtCR. MISC./1475/2025disposed

Sanjit Kumar @ Sajneev Kumar @ Chhotu Kumar @ Chhotu v. The State Of Bihar

2025-02-05Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1475 of 2025 Arising Out of PS. Case No.-849 Year-2024 Thana- BARH District- Patna ====================================================== Sanjit Kumar @ Sajneev Kumar @ Chhotu Kumar @ Chhotu, S/o- Ravindra Prasad @ Ramendra Prasad Village- Masood Bihaga Ward No 09, PS- Barh Distt- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Kumar Ojha For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-02-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 4.5 litres of liquor from a place near the house of petitioner and 7.2 litres of liquor from a place near the house of Md. Pisu.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and even even alleged

Patna High Court CR. MISC. No.1475 of 2025(2) dt.05-02-2025 2/3 recovery is from a place, which does not belong to the petitioner, but then, is adjacent to his house, as such, it is alleged that his name was disclosed by local person, but the name of the person, who disclosed the name of the petitioner is not disclosed in the F.I.R., which cast an aspersion on the case of the prosecution.

5. Learned A.P.P. opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on provisional anticipatory bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of Mr. Bajinder Pal, the learned Exclusive Special Judge Excise, Barh, Patna in connection with Barh P. S. Case No.849 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

8. It is made clear that the learned trial Court before accepting the bail bonds of the petitioner shall verify the

Patna High Court CR. MISC. No.1475 of 2025(2) dt.05-02-2025 3/3 criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of more than one case, in that event, the present provisional anticipatory bail order shall not be confirmed, but if on verification, it is found that petitioner has antecedent of only one case, in that event, the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) vikash/- U T