Sandeep Kumar @ Dhanraj Yadav Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Sandeep Kumar @ Dhanraj Yadav Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail prayer rejected; however, considering fair and clean antecedents, petitioner given liberty to surrender before the trial court within two weeks, and the trial court to decide his regular bail prayer at the earliest on merit without being prejudiced by this order.

Issue for consideration

Whether the petitioner, apprehending arrest in Bettiah Town P.S. Case No. 342/2024 (Sections 30(a) and 41(1), Bihar Prohibition & Excise Act), is entitled to anticipatory bail. +1 more

Court's answer

On account of the petitioner's fair and clean antecedents, notwithstanding rejection of anticipatory bail, the petitioner was given liberty to surrender before the trial court within two weeks, failing/upon availing of which the trial court is to decide his regular bail prayer at the earliest on merits without being prejudiced by this order.

Ratio / Principle

The court found that 7.20 litres of foreign liquor was recovered from the dickey of motorcycle BR22BA3183, admittedly used by the petitioner, that the circumstances from the FIR prima facie attract the alleged offences of the Bihar Prohibition & Excise Act, and that, in view of section 76(2) of that Act, the petitioner's prayer for anticipatory bail is not fit for acceptance and accordingly stands rejected.

Detailed headnote1 paragraphs

Anticipatory bail — Bihar Prohibition & Excise Act — petitioner apprehending arrest in Bettiah Town P.S. Case No. 342/2024 dated 24.07.2024, registered under Section(s) 30(a) and 41(1) of the Bihar Prohibition & Excise Act — alleged recovery of 7.20 litres of foreign liquor from the dickey of motorcycle bearing registration No. BR22BA3183, admittedly being used by the petitioner — circumstances appearing from the FIR held to prima facie attract the alleged offences — in view of section 76(2) of the Bihar Prohibition & Excise Act, prayer for anticipatory bail found not fit for acceptance and rejected — however, considering petitioner's fair and clean antecedents, liberty given to surrender before the trial court within two weeks, with the regular bail prayer to be decided at the earliest on merit without being prejudiced by this order.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1963 of 2025

Arising Out of PS. Case No.-342 Year-2024 Thana- BETTIAH CITY District- West

Champaran

======================================================

SANDEEP KUMAR @ DHANRAJ YADAV S/O DINA YADAV R/o vill - Laukariya, ward no. 16, P.S. - Bairiya, Distt.- West Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sarvesh Kashyap,Adv. For the Opposite Party/s : Mrs. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER

2 05-02-2025

Heard Mr. Sarvesh Kashyap, learned counsel for the

petitioner and Mrs. Meena Singh, learned APP for the State.

The petitioner apprehends his arrest in connection with Bettiah Town P.S. Case No. 342/ 2024 dated 24.07.2024 registered for the offence(s) punishable under Section(s) 30(a) and 41(1) of the Bihar Prohibition & Excise Act.

As per the prosecution’s case, 7.20 litres of foreign liquor has been recovered from a motorcycle bearing registration No. BR22BA3183 and it is alleged that the aforesaid motorcycle was being used by this petitioner.

The main submissions advanced by petitioner’s counsel are that the petitioner has fair and clean antecedent, the alleged motorcycle from which the alleged liquor was recovered

Patna High Court CR. MISC. No.1963 of 2025(2) dt.05-02-2025 2/3

stands in the name of the petitioner’s sister and not in the name of the petitioner, though, the petitioner was using the said motorcycle but on the alleged day and time of occurrence, the petitioner parked his motor cycle and went to meet his relative and after that someone placed the sack of liquor near the petitioner’s motorcycle and then a false story was prepared by the police and no liquor was recovered from the motorcycle and witnesses of the prosecution are police personnel.

Learned APP appearing for the State has opposed the bail prayer of the petitioner.

Heard both the sides and perused the FIR and the seizure memo. As per the prosecution’s allegation, 7.20 litres of foreign liquor was recovered from the dickey of a motorcycle bearing registration No. BR22BA3183 and admittedly, the said motorcycle was being used by this petitioner and the circumstances appearing against this petitioner from the FIR, prima facie, attract the alleged offences of the Bihar Prohibition & Excise Act, so, considering this aspect and in view of section 76(2) of the Bihar Prohibition & Excise Act, this court finds the prayer of petitioner for anticipatory bail to be not fit for acceptence. Accordingly, his prayer stands rejected.

However, considering the fair and clean antecedent

Patna High Court CR. MISC. No.1963 of 2025(2) dt.05-02-2025 3/3

of the petitioner, he is given a liberty to surrender before the trial court and if he avails the said liberty within two weeks from today then the trial court shall decide his regular bail prayer at the earliest according to merit without being prejudiced by this order.

(Shailendra Singh, J)

BKS/-

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