Kapil Kumar @ Raja Babu @ Kapil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9757 of 2025 Arising Out of PS. Case No.-266 Year-2024 Thana- AMBA District- Aurangabad ====================================================== Kapil Kumar @ Raja Babu @ Kapil, Son of Late Madan saw, R/O VillageBaidya Bigha, P.S-Hariharganj, District-Palamu (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukul Kumari, Advocate For the Opposite Party/s :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-03-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Amba P.S. Case No. 266 of 2024 dated 19.11.2024 instituted for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. The allegation is of recovery of total 720 litres sprit from a pick-up vehicle bearing Registration No. BR-26G7230.

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 the petitioner has been made accused in this case only on the basis of confessional statement of co-accused Jitendra Kumar Chaurasia who was apprehended at the spot. The owner of the said vehicle is Jitendra Kumar

Patna High Court CR. MISC. No.9757 of 2025(2) dt.07-03-2025 2/2 Chaurasia, who has been granted bail vide order dated 15.02.2025 passed by a co-ordinate Bench of this Court in Criminal Miscellaneous No. 88465 of 2024. The petitioner is neither the owner nor the driver of the said vehicle. Lastly, it has been submitted that petitioner has no criminal antecdents.

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 Amba P.S. Case No. 266 of 2024, 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 Special Judge of Excise Court, No. 01, Aurangabad subject to condition as laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) premchand/- U T