Vikash Kumar @ Golgappa @ Golappa @ Rambilash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12987 of 2025 Arising Out of PS. Case No.-391 Year-2024 Thana- ATRI District- Gaya ====================================================== Vikash Kumar @ Golgappa @ Golappa @ Rambilash Kumar S/O Bisheshwar Yadav @ Visheshwar Yadav R/O Village- Shira Belaru, P.S- Atri, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shams Alam, Advocate For the Opposite Party/s :

Mr. Anant Kumar 1, 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 Atri P.S. Case No. 391 of 2024 dated 10.10.2024, instituted for the offence punishable under Sections 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2022.

3. The allegation is of recovery of 150 litres country made Mahua liquor from the Bamboo clumps situated at Budhani Bazar.

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 nothing has been recovered either from the conscious possession or from the house of the

Patna High Court CR. MISC. No.12987 of 2025(2) dt.02-04-2025 2/2 petitioner. It is also submitted that alleged liquor has been recovered from bamboo clumps which does not belong to the petitioner. It is next submitted that petitioner has been made accused only on the basis of suspicion and disclosure made by local Chowkidar. Lastly, it has been submitted that petitioner has one criminal case against him.

5. Learned A.P.P. has opposed the prayer for 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 Atri P.S. Case No. 391 of 2024, he/they 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 Additional Sessions Judge cum Special Excise Court no. I, Gaya, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) Sankalp/- U T