Karan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6980 of 2025 Arising Out of PS. Case No.-321 Year-2024 Thana- MANJHAGARH District- Gopalganj ====================================================== Karan Kumar Son of Ambika Sah R/O-Marwa Tola Gadh Manjha, P.S.- Manjhagarh, District- Gopalganj, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indrajeet Bhushan, Advocate For the Opposite Party/s :

Mr.Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-02-2025 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Manjhagarh P.S. Case No. 321 of 2024 registered on 30.10.2024 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per prosecution, total recovery of 54 liters illicit liquor is the subject matter of the present case.

4. It is submitted by the learned counsel for the petitioner that the petitioner is innocent and has committed no offense. In fact, the alleged recovery was not made from the possession of the petitioner; rather, it was made near a canal, which is a public place and does not belong to the petitioner. However, the name of the petitioner has been included in this case due to his criminal antecedents, as he is accused in two

Patna High Court CR. MISC. No.6980 of 2025(2) dt.19-02-2025 2/2 other criminal cases, although he is on bail in both the cases. A bare reading of the F.I.R. makes it crystal clear that the petitioner is not involved in the alleged occurrence.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the antecedents of the petitioner are not clean as he is accused in two more criminal cases of similar nature.

6. In the facts and circumstances, let the above named petitioner be released on bail, in the event of arrest or surrender before the Trial Court within a period of four weeks from today, on furnishing bail bond of ₹30000/- (thirty thousand) as mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha Sanhita, 2023 to the satisfaction of Manjhagarh P.S. Case No. 321 of 2024, pending before the Additional District and Sessions Judge-XIII-cum-Special Excise Court No.1, Gopalganj, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with further condition that the petitioner shall appear before the concerned police station twice in a month.

(Dr. Anshuman, J) Ashwini/- U T