Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3495 of 2025 Arising Out of PS. Case No.-199 Year-2024 Thana- Excise P.S. District- Saran ====================================================== Anil Kumar Son of Late Atama Rai @ Late Aatam Rai Residence of Village - Jamuna, P.S. - Muffasil, District - Saran at Chapra ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shambhu Prasad Yadav, Advocate For the Opposite Party/s :

Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Sadar Excise PS Case No. 199 of 2024 instituted for the offences under Sections 30(a), 30(c) and 32(3) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 182 litres of country made liquor was recovered from E-Rickshaw, motorcycle and bhatti near Mathiya Chawar and 800 kg semifermented Jawa was destroyed. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got

Patna High Court CR. MISC. No.3495 of 2025(2) dt.13-02-2025 2/2 no concern with the alleged recovery of liquor. It is submitted that recovery is made from an open place, which is accessible to one and all. It is further submitted that seized vehicles do not belong to the petitioner. The petitioner is in custody since 04.11.2024 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sadar Excise PS Case No. 199 of 2024.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T