Nand Kumar @ Baba v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16021 of 2025 Arising Out of PS. Case No.-17 Year-2025 Thana- KOILWAR District- Bhojpur ====================================================== Nand Kumar @ Baba S/o- Lagan Rai Resident of Manachak, Post- Purana Haripur, Bhojpur, Bihar 802163 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Akanksha Malviya, Adv.

For the Opposite Party/s :

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

2. The present Cr. Misc. Application has been filed under Section 482 of The Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as "BNSS, 2023") for grant of anticipatory bail to the petitioner who apprehends arrest in connection with Koilwar P.S. Case No. 17 of 2025, dated 14.01.2025, lodged under Sections 25(1-b)a, 26 & 35 of the Arms Act and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution, FIR has been lodged against two named accused persons, including the present petitioner, alleging that a total of 87.66 liters of illicit liquor of different brands and illegal arms, along with live cartridges, were recovered from their possession.

4. Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.16021 of 2025(2) dt.02-04-2025 2/2 petitioner is innocent and has committed no offence. Counsel further submits that the petitioner is named in the FIR, but his name figured in the case based on a disclosure made by unnamed villagers. Counsel also submits that nothing has been recovered from the petitioner's possession. Additionally, Counsel submits that the petitioner's criminal antecedents are not clean, as there are four criminal cases pending against him, in which he is on bail in three of these cases, while in one case, he is persuading for bail.

5. Learned APP for the State opposes the petitioner's bail application and submits that the petitioner's criminal antecedents are not clean. It is also submitted that 87.66 liters of illicit liquor, which is the subject matter of the present case, were recovered. Additionally, one desi rifle, along with a magazine and live cartridges, were also seized.

6. In the present facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected. (Dr. Anshuman, J.) Aman Kumar/- U T