Suraj KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.29387 of 2026
                            Arising Out of PS. Case No.-242 Year-2020 Thana- DIGHA District- Patna
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                 Suraj Kumar Son of Shri Nawal Singh Resident of village- Rajapur Mainpura
                 opposite Ganga Gate No 46,Ps- Patliputra Dist- Patna

                                                                                       ... ... Petitioner/s
                                                           Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :          Mr. Prabhat Kumar Singh
                 For the Opposite Party/s :          Mr. Asha Devi
                 ======================================================

                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                    ORAL ORDER

2   07-05-2026         1. Heard learned Counsel for the petitioner and learned

                              Additional Public Prosecutor for the State.

                       2.     This application, for grant of anticipatory bail, arises out

                              of Digha Police Station Case No. 242 of 2020, dated

                              30.04.2020, disclosing offences under Section 414 of the

                              Indian Penal Code and Sections 30(a) of the Bihar

                              Prohibition and Excise Act.

                       3.     That the prosecution case, in brief, is that on 30.04.2020

                              at about 5:00 A.M., during checking, two persons riding

                              separate motorcycles were apprehended who disclosed

                              their names as Animesh Kumar and Shivam Kumar. Upon

                              search, nine bottles of 750 ml Black Horse, totaling to

                              6.75 liters of liquor were recovered from Bajaj Pulsar
Patna High Court CR. MISC. No.29387 of 2026(2) dt.07-05-2026
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                  motorcycle, bearing registration no. BR01EA1649, and

                  four bottles of 750 ml Blue Rider, totaling to 3 liters of

                  liquor were recovered from a KTM motorcycle having no

                  registration number displayed thereon.

              4. Learned counsel for the petitioner submits that the

                  petitioner has falsely been implicated in the present case

                  merely because he happens to be the registered owner of

                  the KTM motorcycle. He next submits that the said

                  motorcycle, from where illicit liquor has been recovered,

                  was borrowed by his neighbour Animesh Kumar for

                  personal use and the petitioner had no knowledge about

                  illicit liquor being kept therein. The petitioner has got no

                  criminal antecedent.

              5. Having regard to the submissions made on behalf of the

                  parties and taking into consideration the fact that the

                  petitioner has been made accused only because he

                  happens to be the registered owner of the motorcycle,

                  which was borrowed by his neighbour for personal use, I

                  am inclined to grant the petitioner privilege of

                  anticipatory bail.

              6. This application is, accordingly, allowed.

              7. Let the petitioner, above named, in the event of his arrest
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                              or surrender before the Court below within four weeks, be

                              released on bail on furnishing bail bond of Rs. 10,000/-

                              (Ten Thousand) each with two sureties of the like amount

                              each to the satisfaction of learned Exclusive Special

                              Excise Court-2, Patna, in connection with Digha Police

                              Station Case No. 242 of 2020, subject to the condition

                              laid down under Section 438 (2) of the Code of Criminal

                              Procedure.



                                               (Anil Kumar Sinha, J)
ashwani/-

U      T