IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.70799 of 2025 Arising Out of PS. Case No.-150 Year-2025 Thana- SARAI RANJAN District- Samastipur ====================================================== Sumant Kumar Singh @ Suman Kumar Singh @ Sumant Kumar Son of Sushil Kumar Singh @ Sunil Kumar Singh Resident of Ward no 8, Meyari, PS -Sarairanjan Dist- Samastipur Bihar ... ... Petitioner/s Versus The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Keshav Bhardwaj For the Opposite Party/s : Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 14-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner is apprehending his arrest in connection with Sarai Ranjan P.S. Case No. 150 of 2025 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2022. 3. As per prosecution case, 9.375 litre illicit liquor was recovered from white coloured plastic sack found at the gaachi of co-accused Pankaj Kumar Singh @ Bhagat. Local chaukidar disclosed the name of petitioner, co-accused Abhishek Kumar @ Veeru and Pankaj Kumar Singh @ Bhagat who succeeded in fleeing away from the place of occurrence. 4. Learned counsel for the petitioner submits that Patna High Court CR. MISC. No.70799 of 2025(2) dt.14-10-2025 2/3 except disclosure of local chaukidar, there is nothing on record to demonstrate the complicity of the present petitioner with the alleged occurrence. He further submits that place of recovery does not belong to the petitioner rather the same belongs to co- accused Pankaj Kumar Singh @ Bhagat. He further submits that place of recovery is open place which is accessible to all and petitioner cannot be held liable for the alleged recovery. Petitioner is not found at the place of occurrence. No incriminating article has been recovered from the conscious possession of the petitioner. Petitioner is innocent and has committed no offence as alleged in the FIR. In the light of the aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provisions of Bihar Prohibition and Excise Act. Petitioner bears criminal antecedent of one case which is similar to the present case and the petitioner is on bail on the said case. He further just because of having criminal antecedent of one case, petitioner has falsely been implicated in the present case. 5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner by submitting that name of petitioner has been surfaced in this case upon the disclosure of local chaukidar and hence, petitioner cannot Patna High Court CR. MISC. No.70799 of 2025(2) dt.14-10-2025 3/3 escape from the allegation made in FIR. 6. Considering the facts and circumstances of the case, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail 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 Judge Excise – II, Samastipur in connection with Sarai Ranjan P.S. Case No. 150 of 2025, subject to the conditions as laid down under Section 482 (2)of BNSS. 7. The application stands allowed. alok/- (Alok Kumar Pandey, J) U T