Ashish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12571 of 2025 Arising Out of PS. Case No.-207 Year-2022 Thana- NARDIGANJ District- Nawada ====================================================== Ashish Kumar S/o Naresh Prasad @ Naresh Yadav, Resident of villageMorve, P.S.- Fathepur, Distt.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dewanand Tiwari, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 02-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Nardiganj P.S. Case No. 207 of 2022 dated 11.07.2022 instituted for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. The allegation is of recovery of total 60 litres mahua liquor from the semi-constructed building near rice mill.

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 60 litres country made mahua liquor, one motorcycle and one mobile phone were recovered from the semi-constructed building. The petitioner has been made accused in this case only on the basis of mobile sim-card

Patna High Court CR. MISC. No.12571 of 2025(2) dt.02-04-2025 2/2 which was registered in the petitioner's name. The said mobile phone including the sim-card was stolen but no steps were taken by the petitioner due to which he has been made accused in this case. The petitioner has no concern with the said motorcycle or illicit liquor. Lastly, it has been submitted that petitioner has no criminal antecedents.

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 Nardiganj P.S. Case No. 207 of 2022, 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 Special Court, Excise- II, Nawada subject to condition as laid down under Section 438(2) of the Cr.P.C (Khatim Reza, J) premchand/- U T