Ankit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16000 of 2025 Arising Out of PS. Case No.-464 Year-2021 Thana- RUPASPUR District- Patna ====================================================== Ankit Kumar Son of Sunil Kumar @ Sunil Thakur Resident of VillageHadaspura, P.S.- Rupaspura, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Alka Panday,Adv.

For the Opposite Party/s :

Mr.Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-04-2025 Heard Learned Counsel for the petitioner and Learned A.P.P for the State.

2. The petitioner is apprehending arrest in connection with Rupaspur P.S. Case No.464 of 2021, for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. As per the prosecution, the total recovery of 80 litres of desi mahua wine have alleged to be made from a tempo, 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 also submits that petitioner was not present on the spot and his name has been transpired only due to owner of the vehicle. Counsel further submits that criminal antecedent of the

Patna High Court CR. MISC. No.16000 of 2025(2) dt.02-04-2025 2/2 petitioner is clean. He further submits that the petitioner is the owner of the tempo from where the alleged recovery has been made. He further submits that petitioner is working in Delhi and he has given his tempo in rent and he is unaware that his tempo has been used for illegal purpose.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that criminal antecedent of the petitioner is clean.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted 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) each with two sureties of the like amount each to the satisfaction of Exclusive Special Excise Judge, Danapur, Patna in connection with Rupaspur P.S. Case No.464 of 2021, subject to the following conditions as laid down under Section 438(2) of Cr.P.C.

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