Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18042 of 2025 Arising Out of PS. Case No.-707 Year-2023 Thana- MANER District- Patna ====================================================== Abhishek Kumar Son of Parash Singh Resident of Village- Sherbhukka, P.S.- Maner, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar, Adv.

For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 16-04-2025 Heard the parties

2. The petitioner is named in the F.I.R. and apprehending his arrest in connection with Maner P.S. Case No. 707 of 2023 registered for the offences punishable under Section 32(ii)(iii) and 41(i)(ii) of the Bihar Prohibition and Excise Act, 2018.

3. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 184.14 litres of IMFL/country made liquor.

4. It is submitted by learned counsel appearing on behalf of the petitioner that the implication of this

Patna High Court CR. MISC. No.18042 of 2025(2) dt.16-04-2025 2/3 petitioner with present case is only for technical reasons that the registration certificate of the car bearing registration no. BR01PH1175 is still in the name of the petitioner, which was found carrying illicit liquor. It is submitted that car in issue was sold long back to one Vikash Kumar in terms of Annexure P/2. It is pointed out that admittedly no liquor was recovered from the physical conscious possession of this petitioner who is a man of clean antecedent.

5. Learned APP, opposed the prayer of bail.

6. In view of aforesaid factual submission and by taking note of fact as recovery of alleged illicit liquor not appears to be made prima-facie from physical conscious possession of this petitioner who is a man of clean antecedent ,accordingly petitioner above-named, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to

Patna High Court CR. MISC. No.18042 of 2025(2) dt.16-04-2025 3/3 the satisfaction of the learned Special Excise Judge, Danapur/concerned Court, where the case is pending in connection with Maner P.S. Case No. 707 of 2023, subject to the conditions as laid down under Section 482(2) of BNSS.

(Chandra Shekhar Jha, J) Sudha/- U T