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2025 DAILYLAW 41573 (PAT)

Sanjay Kumar @ Sanoj Kumar @ Sanoj Rai @ Langar v. The State of Bihar

CR. MISC./32829/2025 · 2025-07-24

Smt Soni Shrivastava

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32829 of 2025 Arising Out of PS. Case No.-186 Year-2025 Thana- SONEPUR District- Saran ====================================================== Sanjay Kumar @ Sanoj Kumar @ Sanoj Rai @ Langar Son of Chanesher Rai Village -sabalpur Nawal tola, P.S. -Sonepur, District -Saran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vasant Vikas For the Opposite Party/s : Mr. Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 4 24-07-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 317(5), 111, 61(2) of the B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act. 3. Allegation in the first information report relates to recovery of 6912 litres of foreign liquor from a truck. 4. It has been submitted by the learned counsel for the petitioner that the petitioner is neither named in the first information report nor any recovery has been made from his personal and conscious possession. The petitioner is neither the owner of the truck nor any of the other vehicles that has been seized. The name of the petitioner has transpired in the confessional statement of one of the arrested accused Rajesh Patna High Court CR. MISC. No.32829 of 2025(4) dt.24-07-2025 2/3 Kumar along with 22 other persons. The petitioner has no connection with any person associated with liquor business and he has no criminal antecedent. It is further submitted that the mandatory provisions of search and seizure have been violated as there is no independent witness to the seizure list. Petitioner has no criminal antecedent. 5. Learned APP for the State has opposed the application for anticipatory bail on the ground that there is huge recovery of liquor. 6. Considering all the above mentioned facts and circumstances, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sonpur P.S. Case No. 186 of 2025, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S. subject to the further conditions: (i) One of the bailors will be a family member/close relative. (ii) The petitioner would appear before the Patna High Court CR. MISC. No.32829 of 2025(4) dt.24-07-2025 3/3 Investigating Officer of the concerned police station at an interval of every 15 days till investigation is concluded against him. devendra/- (Soni Shrivastava, J) U T