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Patna High CourtCR. MISC./9366/2025bail granted

Sourav Kumar v. The State Of Bihar

2025-03-06Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9366 of 2025 Arising Out of PS. Case No.-353 Year-2024 Thana- ROH District- Nawada ====================================================== Sourav Kumar, Son of Nandlal Prasad, Resident of Village - Maniyochak, P.S.- Roh, District - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s :

Mr. Dr. Mrityunjaya Kr. Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 06-03-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Roh P.S. Case No. 353 of 2024 dated 25.10.2024 instituted for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. The allegation is of recovery of total 19.5 litres foreign liquor from the Aanganbadi Centre situated near water tank.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that nothing has been recovered either from the conscious possession of the petitioner or from the house of the petitioner. The said liquor has been recovered

Patna High Court CR. MISC. No.9366 of 2025(2) dt.06-03-2025 2/2 from the Anganbadi centre situated near water tank. The petitioner has been made accused in this case only on the basis of disclosure made by the local Chaukidar. Lastly, it has been submitted that petitioner has no criminal antecdents.

5. On the other hand, learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Roh P.S. Case No. 353 of 2024, he will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Court Excise-2, Nawada, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) premchand/- U T