Birendra Kumar @ Birendra Kumar Karn @ Bikendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20342 of 2025 Arising Out of PS. Case No.-114 Year-2024 Thana- JAYNAGAR District- Madhubani ====================================================== Birendra Kumar @ Birendra Kumar Karn @ Bikendra Kumar Son of Late Dharma Narayan Lal Das R/o - Nabahath, P.S - Pandaul, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 24-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 272, 273, 414, 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. Perusal of the first information report and the seizure list, would go to show that 648 liters of illicit liquor is said to have been recovered from five motorcycles and the petitioner is the owner of one of the seized motorcycle, bearing Registration No. BR-32N-3816.

4. It is submitted by learned counsel for the petitioner that there is no recovery from the physical and conscious possession of the petitioner. As a matter of fact, the

Patna High Court CR. MISC. No.20342 of 2025(3) dt.24-06-2025 2/3 name of the petitioner has surfaced in the present case only on account of the fact that he is the owner of one of the seized motorcycles. The motorcycle was being used by his brother-inlaw who was coming from Nepal and had parked the said motorcycle near a betel shop whereafter the raiding party seized the motorcycle on suspicion. The petitioner has no criminal antecedent.

5. Learned APP for the State opposes the prayer for bail.

6. Taking into consideration the fact and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Jaynagar P.S. Case No. 114 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S.

(Soni Shrivastava, J) devendra/- U T

Patna High Court CR. MISC. No.20342 of 2025(3) dt.24-06-2025 3/3