Sunil Dhangad @ Sunil Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1256 of 2025 Arising Out of PS. Case No.-776 Year-2024 Thana- SIKARPUR District- West Champaran ====================================================== Sunil Dhangad @ Sunil Mahto S/O Late Ramavatar Dhangad Resident of village - Hardiya Chowk, Dhangad Toli, Ward no.- 20, P.S- shikarpur, District - West Champaran ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sharad Kumar Verma, Advocate For the Opposite Party/s :

Mr.Shyameshwar Dayal,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The accused-petitioner, named in the F.I.R., is apprehending his arrest in connection with Shikarpur P.S. Case No. 776 of 2024 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016. He has no criminal antecedent as stated in paragraph '3' of the application.

3. The allegation against the petitioner is to have in possession of 4 litres of Mahua liquor and engaged in illegal trading/manufacturing of illicit liquor.

4. Learned counsel appearing on behalf of the petitioner submitted that alleged illicit liquor recovered from such a house where ownership is disputed qua petitioner and moreover, the petitioner was not apprehended on the spot and on the basis of

Patna High Court CR. MISC. No.1256 of 2025(2) dt.05-02-2025 2/2 disclosure by some unknown persons, his name implicated with present case. It is submitted that petitioner is a man of clean antecedent.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. In view of the aforesaid factual submissions and by taking note of the fact as prima-facie illicit liquor not appears recovered from conscious physical possession of the petitioner, where petitioner is a man of clean antecedent, accordingly, abovenamed petitioner, in the event of his arrest/surrender within a period of four weeks from today, is directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise - II, West Champaran at Bettiah/concerned court in connection with Shikarpur P.S. Case No. 776 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S."). (Chandra Shekhar Jha, J) Rajeev/- U T