Sanjeet Kumar Rabi vs The State Of Bihar on 6 March, 2025

Patna High Court – Orders

Sanjeet Kumar Rabi vs The State Of Bihar on 6 March, 2025

Author: Anil Kumar Sinha

Bench: Anil Kumar Sinha

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.3685 of 2025
                     Arising Out of PS. Case No.-479 Year-2024 Thana- Excise P.S. District- Aurangabad
                 ======================================================
                 Sanjeet Kumar Rabi S/o Satya Narayan Ram R/o Village- Parta Bigha, PS-
                 Amba, District- Aurangabad

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Madhuresh Singh
                 For the Opposite Party/s :         Mr.Rajesh Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   06-03-2025

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 Excise Police Station Case No. 479 of 2024, dated

20.05.2024, disclosing offence under Sections 30(a)/32

(3) of the Bihar Prohibition and Excise Act, 2016.

3. The prosecution case, as per the First Information Report,

is that the police, on secret information that a black

motorcycle, having registration no. BR 26Q/8361 was

coming with illicit liquor from Hariharganj to Pirajmore,

reached at the place of occurrence and saw two persons

coming on a motorcycle carrying plastic bags and on

seeing the police, the said two persons tried to flee away,
Patna High Court CR. MISC. No.3685 of 2025(2) dt.06-03-2025
2/3

but they were apprehended by the police. On search, the

police recovered 20 litres of illicit country-made liquor

from the motorcycle kept in plastic bags.

4. Learned Counsel for the petitioner submits that the

petitioner is innocent and has falsely been implicated in

this case merely because he happens to be the registered

owner of the motorcycle in question. He further submits

that the brother of the petitioner, namely, co-accused

Amarjeet Kumar, had borrowed his motorcycle and he

had no knowledge about the illicit liquor being

transported on his motorcycle. He further submits that the

petitioner has no concern with the seized illicit liquor and

he has got no criminal antecedent.

5. Regards being had to the submission advanced on behalf

of the parties concerned and taking into consideration the

fact that the petitioner has got no criminal antecedent and

he has been made accused on the basis of being the

registered owner of the motorcycle, which was borrowed

by his brother, co-accused Amarjeet Kumar, who was

arrested at the spot, I am inclined to grant the petitioner

privilege of anticipatory bail.

6. This application is, accordingly, allowed.
Patna High Court CR. MISC. No.3685 of 2025(2) dt.06-03-2025
3/3

7. 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 learned Exclusive Special Excise

Court No. II, Aurangabad, in connection with Excise

Police Station Case No. 479 of 2024, subject to the

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

Criminal Procedure.

(Anil Kumar Sinha, J.)
Prabhakar Anand/-

U √     T   √