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2025 DAILYLAW 112883 (PAT)

Sachin Kumar v. The State of Bihar

CR. MISC./82228/2025 · 2025-12-10

Anil Kumar Sinha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.82228 of 2025 Arising Out of PS. Case No.-123 Year-2024 Thana- PUSA District- Samastipur ====================================================== Sachin Kumar S/O Mahesh Das R/O Village - Harpur Pusa Ward no. 13, P.S.- Pusa, Dist.- Samastipur ... ... Petitioner/s Versus The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Dilip Kumar Roy For the Opposite Party/s : Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 10-12-2025 1. Heard the parties. 2. The petitioner apprehends his arrest in connection with Pusa P.S. Case No. 123 of 2024 dated 17.11.2024 registered under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. 3. As per the first information report a total quantity of 1215 liters of foreign liquor has been recovered from a Tata 407 Truck and the local choukidar disclosed the name of the petitioner as the person who fled away from the crime scene. 4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The petitioner is neither the owner nor the driver of the vehicle in question. The local choukidar disclosed the name of the petitioner with whom the petitioner is having inimical terms. Patna High Court CR. MISC. No.82228 of 2025(2) dt.10-12-2025 2/2 The petitioner has one criminal antecedent but not of similar nature of offence. Similarly situated co-accused Sri Kuldeep has been granted privilege of anticipatory bail by this Court vide order dated 11.04.2025 passed in Cr. Misc. No. 22637 of 2025. 5. Regard being had to the submission made by the parties, taking into consideration the fact that petitioner is neither the owner nor the driver of the Tata 407 truck and similarly situated co-accused has been granted anticipatory bail by this court, accordingly , I am inclined to grant anticipatory bail to the peti- tioner. 6. Let the petitioner, above named, be released on anticipa- tory bail in the event of arrest or surrender before the court be- low 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 Sri Basant Kumar, Exclusive Special Judge Excise -I, Samastipur in connection with Pusa P.S. Case No. 123 of 2024 subject to the condition as laid down under Section 482 (2) of the B.N.S.S. 2023. praful/- (Anil Kumar Sinha, J) U T