Pritam Kumar @ Vishal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6238 of 2025 Arising Out of PS. Case No.-29 Year-2023 Thana- BANNUBAGICHA District- Lakhisarai ====================================================== Pritam Kumar @ Vishal S/O Birju Yadav @ Vrijanandan Yadav R/O VillageSingh Chak, P.S- Kiul, Distt.- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-02-2025

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Bannubagicha P.S. Case no. 29 of 2023, registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, it is stated that seeing the police personnel, one of the three accused persons managed to escape while two persons were arrested and 20 litres of country liquor recovered. The accused persons who were arrested disclosed the name of the petitioner as the third accused who had managed to escape.

4. Learned counsel for the petitioner submits that neither the petitioner was arrested at the spot nor any incriminating article recovered from his possession. The only

Patna High Court CR. MISC. No.6238 of 2025(2) dt.24-02-2025 2/2 material against him is the statement of co-accused made before police. The petitioner is neither the owner of the motorcycle nor has any concern with the seized liquor. He has no criminal antecedent.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R, no incriminating article having been recovered from his possession and especially the petitioner not having any antecedent under the Bihar Prohibition and Excise Act, 2016, it is directed that the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Bannubagicha P.S. Case no. 29 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District & Additional Sessions Judge-II-cum-Exclusive Excise Court-II, Lakhisarai.

(Partha Sarthy, J) Shiv/- U T