Lokesh Kumar @ Lokesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12621 of 2025 Arising Out of PS. Case No.-287 Year-2024 Thana- DEV District- Aurangabad ====================================================== Lokesh Kumar @ Lokesh Singh Son of Saroj Singh Resident of VillageKetaki, P.S.- Deo, Distt.- Aurangabad, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhukar Mishra, Adv.

For the Opposite Party/s :

Mr. Nityanand, 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 Deo P.S. Case No. 287 of 2024 dated 25-12-2024 instituted for the offence punishable under Sections 30(a) and 37 of the Bihar Prohibition and Excise (Amendment) Act 2022.

3. The allegation is of the recovery of 20 litres of country-made liquor from beneath a Peepal tree near Ketaki Canal Bridge.

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 no contraband was recovered from the petitioner's conscious possession rather, the seized

Patna High Court CR. MISC. No.12621 of 2025(2) dt.02-04-2025 2/2 illicit liquor was recovered from beneath a Peepal tree. It is next submitted that the petitioner has been implicated merely on the basis of the confessional statement of the co-accused, who was apprehended at the spot. Lastly, it is submitted that the petitioner has no criminal antecedents.

5. 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 Deo P.S. Case No. 287 of 2024, he shall be released on anticipatory 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 District and Additional Sessions Judge-cum- Exclusive Special Judge, Excise Court-I, Aurangabad, Bihar, subject to condition as laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Khatim Reza, J) shyambihari/- U