Chikku Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15733 of 2026 Arising Out of PS. Case No.-704 Year-2025 Thana- BIHAR District- Nalanda ====================================================== Chikku Kumar S/o - Krishna Paswan @ Krishna Kumar R/V- Naisari, P.s.- Bihar, District- Nalanda at Present R/V Doctor Toli, Ward no. 7, Mokamah, P.s.- Mokama, Dist.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Sujata Sinha, Advocate For the Opposite Party/s :

Ms. Gulnar Begum, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-03-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Bihar P.S. Case No. 704 of 2025 lodged on 29.12.2025, for the offence punishable under Sections 30(a) & 41 of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution, FIR has been lodged against the owner and driver of a vehicle (scooty). The recovery of 5 litres of illicit country made liquor has been made, which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that the recovery of alleged country made liquor has been made from a scooty and petitioner is the owner of the said scooty. He submits that the petitioner has given his scooty to his

Patna High Court CR. MISC. No.15733 of 2026(2) dt.25-03-2026 2/2 friend and in the meanwhile the said scooty was seized and petitioner had no knowledge about the occurrence. Counsel submits that the petitioner shall ensure that such mistake does not occur in future. Counsel further submits that the criminal antecedent of the petitioner is not clean as there is one case pending against him in which he is on bail.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. In the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of District & Additional Sessions Judge-V-cum-Special Judge (Excise)-I, Nalanda at Biharsharif, in connection with Bihar P.S. Case No. 704 of 2025, subject to the conditions as laid down U/s 482(2) of the B.N.S.S., 2023.

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