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2025 DAILYLAW 73138 (PAT)

Anil Kumar v. The State of Bihar

CR. MISC./62126/2025 · 2025-09-24

Anil Kumar Sinha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.62126 of 2025 Arising Out of PS. Case No.-171 Year-2025 Thana- BUNIYAD GANJ District- Gaya ====================================================== Anil Kumar S/O Mohan Saw @ Mohan Sao R/O Vill.- Alipur, Head Manpur, P.S.- Buniyadganj, Dist.- Gaya ... ... Petitioner/s Versus The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Priya Ranjan, Adv. For the Opposite Party/s : Mr.Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 24-09-2025 Heard learned counsel for the petitioner and the learned Additional Public Prosecutor for the State. 2. This application for grant of anticipatory bail arises out of Buniyadganj P.S. Case No. 171 of 2025 dated 24.05.2025, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 (hereinafter referred to as ‘the Act’). 3. According to the prosecution case, 13.5 liters of foreign liquor kept in a bag has been recovered near the government pyne which is situated in front of the house of the petitioner. 4. Learned counsel for the petitioner submits that the petitioner having clean antecedent is innocent and has not committed any offence. He further submits that according to the seizure list, it is apparent that the alleged recovery of liquor is made near the government pyne which situated outside the Patna High Court CR. MISC. No.62126 of 2025(2) dt.24-09-2025 2/2 house of the petitioner. The petitioner has no concern with the alleged recovery of liquor. No illicit liquor has been recovered from the conscious possession of the petitioner and/or from his house. 5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner. 6. Regard being had to the submission made by the parties and taking into consideration the fact that the alleged recovery of illicit liquor has been made outside the house of the petitioner and he is of clean antecedent, I am inclined to grant the privilege of anticipatory bail to the petitioner. 7. This application is, accordingly, allowed. 8. Let the petitioner, above named, in the event of his arrest or surrender before the court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.1, Gaya Jee in connection with Buniyadganj P.S. Case No. 171 of 2025, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. brajesh/- (Anil Kumar Sinha, J) U T