Aditya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18941 of 2025 Arising Out of PS. Case No.-13 Year-2025 Thana- Gadhiya Bazar District- East Champaran ====================================================== Aditya Kumar, aged about 23 years, Gender- Male, son of late Raj Kumar Prasad @ Kanti Bhagat, resident of village- Maripur Mal Tola Talwa, P.O.- Khodapur, P.S. Madhuban (Garahiya O.P.), District East Champaran (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar, Advocate For the Opposite Party/s :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 16-04-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Gadahiya Bazar PS Case No.13 of 2025 dated 18.01.2025, instituted under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The allegation is of recovery of 525.8885 litres of English liquor from the Jhangarua Math kept under the soil.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that the house of the petitioner is situated in village Talwani which is about two kilometers away from the place from where recovery has been made. Further submitted

Patna High Court CR. MISC. No.18941 of 2025(2) dt.16-04-2025 2/2 that the petitioner is a shopkeeper and he is running the shop in the name and style of Aditya General Stone, Talwani. The petitioner has no concern with the seized articles. Nothing has been recovered either from conscious possession or from the house of the petitioner. Petitioner has been made accused only on the basis of secret information. Lastly, it is submitted that the petitioner has no criminal antecedents.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on 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 Exclusive Special Excise Court No.3, East Champaran, Motihari, in Gadahiya Bazar PS Case No.13 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

7. The application stands allowed.

(Khatim Reza, J) J. Alam/- U