Gaurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11844 of 2025 Arising Out of PS. Case No.-194 Year-2022 Thana- MANPUR District- Nalanda ====================================================== Gaurav Kumar S/O Bipin Prasad Resident of Village- Sarbadhi, Post officeSarbahadi, Police Station- Manpur, District- Nalanda (Bihar). ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Aklavya Chandan Kumar, Advocate For the Opposite Party/s :

Mr.Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 02-04-2025 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 not named in F.I.R. and apprehending his arrest in connection with Manpur P.S. Case No. 194 of 2022, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. Accused/petitioner implicated with present case being owner of the vehicle bearing registration no. JH10AN9314, which found involved in carrying of illicit liquor, total of 118.125 litres.

4. Learned counsel appearing on behalf of the petitioner submitted that implication of petitioner is only being owner and admittedly illicit liquor was not recovered from the physical possession. It is submitted that petitioner found involved in one more criminal case of similar nature, where he is on bail.

Patna High Court CR. MISC. No.11844 of 2025(2) dt.02-04-2025 2/2

5. Learned APP opposed the prayer of bail.

6. Considering the aforesaid facts and circumstances as recovery of illicit liquor prima facie not appears from the physical possession of this petitioner, where implication appears on the basis of being registered owner of the vehicle, which found carrying illicit liquor, accordingly, above named petitioner, in the event of his arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-IV-cum-Special Judge (Excise)- II, Nalanda at Bihar Sharif/concerned Court, where the case is pending in connection with Manpur P.S. Case No. 194 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the BNSS.

(Chandra Shekhar Jha, J) veena/- U T