IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22210 of 2025 Arising Out of PS. Case No.-81 Year-2024 Thana- ISLAMPUR District- Nalanda ====================================================== Sanjay Sapera @ Sanjay Nat S/o Krishna Sapera Resident of Village- Ichahos Takiyapur, P.S.- Islampur, District- Nalanda ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar, Advocate For the State : Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 23-04-2025 Heard the parties. 2. The petitioner is apprehending his arrest in connection with Islampur P.S. Case No. 81 of 2024 for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act, lodged on 25.02.2024 by the informant, Ravi Kumar Gupta. 3. As per the prosecution story, in course of patrolling, upon secret information, the place was raided. Those persons who were present, escaped, 40 liters liquors in four gallons of 10 liters each recovered/seized. This led to the F.I.R. The chowkidar named the persons who escaped, the petitioner is amongst them. 4. Learned counsel for the petitioner submits that admittedly, the recovery/seizure is from an open place, nothing Patna High Court CR. MISC. No.22210 of 2025(2) dt.23-04-2025 2/3 from his conscious possession, only because of enmity the chowkidar has named him, do not have criminal antecedent and shall be diligently appearing in trial. 5. Learned APP opposes the prayer for bail submitting that his name has cropped up, the chowkidar has identified him. 6. Taking into account the aforesaid facts as also that the petitioner has no criminal antecedent and an undertaking has been given that he shall be diligently appearing in trial, in that background, this Court is inclined to extend him the privilege of anticipatory bail. 7. However, if it is found that the petitioner has criminal antecedent, the present order shall become infructuous. 8. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional District & Sessions Judge-IV- cum-Special Judge, Excise-II, Nalanda, in connection with Islampur P.S. Case No. 81 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:- (i) one of the bailor should be the family Patna High Court CR. MISC. No.22210 of 2025(2) dt.23-04-2025 3/3 member/relative of the petitioner who shall provide official document to show his/her bona fide; (ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself; (iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. vinayak/- (Rajiv Roy, J) U T