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2025 DAILYLAW 115648 (PAT)

Neeraj Thakur @ Neeraj Kumar Thakur v. The State of Bihar

CR. MISC./70098/2025 · 2025-11-13

Satyavrat Verma

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.70098 of 2025 Arising Out of PS. Case No.-103 Year-2025 Thana- SARAI RANJAN District- Samastipur ====================================================== Neeraj Thakur @ Neeraj Kumar Thakur Son of Late Ram Punit Thakur @ Ram Punit Thakur Resident of Village - Tiswara, Saranpur, Ward No. 04, P.S.- Halai, District - Samastipur (Bihar). ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Vinay Kumar Mishra For the Opposite Party/s : Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 3 13-11-2025 1. Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 30(a), 41(1) and 41(2) of Bihar Prohibition and Excise Act, 2018. 3. Learned APP at the outset submits that in compliance of the order dated 13.10.2025, a report has been received from the office of the District Magistrate and the Superintendent of Police, Samastipur. 4. Learned counsel for the petitioner submits that petitioner had antecedent of two cases and allegation is of recovery of 2752.965 litres of liquor from different vehicles. It is next submitted that petitioner was not arrested from the spot Patna High Court CR. MISC. No.70098 of 2025(3) dt.13-11-2025 2/3 as such nothing was recovered from his conscious possession and is not the owner of any of the seized vehicle and he came to be implicated at the instance of chowkidar but then it is submitted that if chowkidar was aware of the involvement of the petitioner in the occurrence then why he did not inform the police prior to institution of the instant FIR, which casts an aspersion on the case of the prosecution. It is also submitted that police in mechanical manner investigates and implicates either at the instance of chowkidar, local person, secret information or confessional statement without holding proper investigation. 5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner. 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 from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sarairanjan P.S. Case No.103/2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S. Patna High Court CR. MISC. No.70098 of 2025(3) dt.13-11-2025 3/3 7. It is made clear that the learned trial court thereafter shall verify the criminal antecedents of the petitioner and in the event if it is found that petitioner has antecedent of more than two cases, in that event, it would be presumed that petitioner had concealed his antecedent before this court, as such, the provisional anticipatory bail order shall not be confirmed but if on verification it is found that petitioner has antecedent of two cases, in that event the provisional anticipatory bail order shall be confirmed forthwith. amit/- (Satyavrat Verma, J) U T