Mritunjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18808 of 2025 Arising Out of PS. Case No.-932 Year-2024 Thana- Excise P.S. District- Kaimur (Bhabua) ====================================================== Mritunjay Kumar Son of Bechu Resident of village -Asana PS -Kandawa, Dist- Chandauli UP ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kiran Kumari Sharma, Advocate For the Opposite Party/s :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-04-2025 Heard Ms. Kiran Kumari Sharma, learned counsel appearing on behalf of the petitioner and Mr. Madan Kumar, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Excise P.S. Case No. 932 of 2024 registered for the offence punishable under Section 30(a), 32(i) & (iii), 41(i)&(ii) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the allegation made in the FIR, 8.715 litres of country made liquor was recovered from a motorcycle bearing Registration No. UP67Y-2405 and Chassis No.MBLJAW097K9C65213.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has been

Patna High Court CR. MISC. No.18808 of 2025(2) dt.16-04-2025 2/3 falsely implicated in the case. He has no concern either with the seized liquor or trade of liquor in any manner. The recovery was made from a motorcycle bearing Registration No. UP67Y-2405 and Chassis No.MBLJAW097K9C65213 and petitioner is the owner of the said motorcycle however nothing was recovered from the conscious possession of the petitioner. The petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail.

6. In the facts and circumstances of the case, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Ex. II, Kaimur at Bhabhua, in connection with Excise P.S. Case No. 932 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has

Patna High Court CR. MISC. No.18808 of 2025(2) dt.16-04-2025 3/3 been stated in Para-3 of the bail petition, this order will automatically lose its force.

(Purnendu Singh, J) Ashishsingh/- U T