Saikat Samanta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87594 of 2025 Arising Out of PS. Case No.-640 Year-2025 Thana- Excise P.S. District- Jehanabad ====================================================== Saikat samanta Son of Tarapada Samanta Resident of Vill. -Champadanga. Ps.- Tarkeshwar. Dist-. Hubali west bengal ... ... Petitioner/s
Versus
The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Priyesh Kumar For the Opposite Party/s :
Mr.Rana Randhir Singh ====================================================== 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 Jehanabad Excise P.S. Case No. 640 of 2025, F.I.R dated 08.10.2025 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 self-statement of the informant Mukesh Kumar, Excise Inspector-cum-SHO, Makhdumpur Police Station, District-Jehanabad, recorded on 08.10.2025 at about 09:15 P.M. It is alleged that on the same date, pursuant to the order of the Superintendent of Prohibition, the informant along with other officials was conducting vehicle checking at Umta-Dharnai check post on the Gaya-Patna
Patna High Court CR. MISC. No.87594 of 2025(2) dt.19-12-2025 2/3 National Highway. During checking at about 19:10 hrs, a white Hyundai Venue car bearing Registration No. WB-16 BJ-0523, coming from Gaya side, allegedly did not stop and was chased and intercepted at Makhdumpur. Three occupants, namely Sanjeev Maity, Arnab Samanta and Subrata Samanta, all residents of West Bengal, were found in the vehicle. As no independent witness agreed to join the search, the car was searched in the presence of police officials, and from the boot of the vehicle four bottles of Blenders Pride Reserve Collection Whisky (750 ml each), totaling 3 litres, marked "For sale in West Bengal only", were allegedly recovered. The seized liquor was stated to have been illegally imported, for which a seizure list was prepared and the search and seizure were videographed.
4. Learned counsel for the petitioner submits that this neighbour, namely, Arnav Samanta had taken the vehicle in question of which the petitioner is the owner for personal use and during the course of the same, the incident had said to be taken place. The petitioner is no way connected and he has clean antecedent. Arnav Samanta has already been arrested from the place and he is in judicial custody.
5. Learned APP for the State opposes the prayer for anticipatory bail application.
Patna High Court CR. MISC. No.87594 of 2025(2) dt.19-12-2025 3/3
6. Regard being had to the submission made by the parties, taking into consideration the fact that illicit liquor has not been recovered from the constructive possession and / or premises belonging to the petitioner and considering the aforesaid fact that petitioner has clean antecedent and coaccused is already in judicial custody, 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 Special Excise Judge-1, Jehanabad in connection with Jehanabad Excise P.S. Case No. 640 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