Bharat Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5466 of 2025 Arising Out of PS. Case No.-433 Year-2024 Thana- TEGHRHA District- Begusarai ====================================================== Bharat Kumar Son of Krishnandan Mahto @ Kari Mahto Resident of Village - Adharpur, Ward No.07, P.S. - Teghra, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinod Kumar Seth, Adv For the Opposite Party/s :

Ms. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 19-02-2025 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner is named in the F.I.R. and apprehended his arrest in connection with Teghra P.S. Case No. 433 of 2024 registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act.

3. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 10 litres of IMFL/country made liquor.

4. Learned counsel appearing on behalf

Patna High Court CR. MISC. No.5466 of 2025(2) dt.19-02-2025 2/3 of the petitioner submitted that petitioner is neither connected with the alleged cottage nor with the recovery of alleged illicit liquor and mere on the basis of suspicion being owner of the cottage from where alleged illicit liquor was said to be recovered, petitioner was implicated with the present case. It is submitted that recovery itself suggests on its face that same not appears to be made from the conscious physical possession of this petitioner. While concluding the argument it is submitted that petitioner is a man of clean antecedent.

5. Learned APP appearing on behalf of the State, opposes the prayer for anticipatory bail.

6. In view of the facts and circumstances and by taking note of the fact as recovery of illicit liquor prima facie not appears to be made from the conscious physical possession of this petitioner, who is a man of clean antecedent, accordingly the petitioner above named, in the event of his arrest or surrender before the learned trial court within a period of four weeks, is directed to be released on

Patna High Court CR. MISC. No.5466 of 2025(2) dt.19-02-2025 3/3 bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge-I, Begusarai/concerned trial court where the case is pending in connection with Teghra P.S. Case No. 433 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C./Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J.) S.Tripathi/- U T