Sanjay Kumar v. The State of Bihar
Case at a glance
- Bench
- RAJIV ROY
Outcome
Bail granted
Let the petitioner be released on bail in the event of
Provisions considered
- Bihar Prohibiton and Excise Act s. 30(a)
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY Mr. Alok Kumar Alok, Advocate Mr. Jai Narain Thakur, APP ORAL ORDER 2 21-05-2025 Heard Mr. Alok Kumar Alok, learned counsel for the petitioner and Mr. Jai Narain Thakur, learned APP for the State.
The petitioner is apprehending his arrest in connection with Kochadhaman P.S. Case No. 141 of 2024 for the offence under sections 30(a) of the Bihar Prohibiton and Excise Act, lodged on 24.07.2024 by the informant, Birendra Sah.
As per the prosecution story, the police intercepted an E-rickshaw which was being led by a motorcycle. There is recovery/seizure of 37.710 foreign liquor and 4.50 litre beer (total 42.210 litre). This led to the FIR.
Learned counsel for the petitioner submits that the persons arrested were Akash and Shiva Kumar, the E-rickshaw belong to one Govind Kumar, he has nothing to do with either Patna High Court CR. MISC. No.34620 of 2025(2) dt.21-05-2025 the recovery and/or the E-rickshaw. Though motorcycle belongs to him, it was just a co-incidence that he was crossing the said place but the police has recorded that he was leading the said vehicle. The last submission is that the petitioner has no criminal antecedent.
Learned APP opposes the prayer for anticipatory bail.
Taking into account the submissions of the parties as also that the recovery is from an E-rickshaw and two persons already stand nabbed, this petitioner has no criminal antecedent, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions.
Operative part
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 Exclusive Special Judge (Excise-I), Kishanganj, in connection with Kochadhaman P.S. Case No.141 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family member/relative of the petitioner who shall provide official Patna High Court CR. MISC. No.34620 of 2025(2) dt.21-05-2025 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 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 his bail bonds. anand/- U T (Rajiv Roy, J)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Let the petitioner be released on bail in the event of
Which statutory provisions did this judgment involve?
Bihar Prohibiton and Excise Act — s. 30(a); Code of Criminal Procedure, 1973 — s. 438(2).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.