Abhishekh Kumar @ Abhishekh Sahni @ Balka v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17821 of 2025 Arising Out of PS. Case No.-114 Year-2024 Thana- PUSA District- Samastipur ====================================================== Abhishekh Kumar @ Abhishekh Sahni @ Balka Son of Bhola Sahni R/o Vill.- Mohamdpur (Mohamda), P.S.- Pusa, Distt.- Samastipur. At Present R/o Vill.- Shambhupatti, P.S.- Karpurigram, Distt.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ramesh Chandra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-03-2025 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Pusa Police Station Case No. 114 of 2024, disclosing offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, on receiving secret information, the police party seized an Alto car during vehicle check and found 146.34 liters of illicit liquor.

4. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in the present case and has committed no offence. The name of the petitioner has come on the basis of secret information. The petitioner is neither the owner nor the driver of the said seized vehicle. The petitioner submits that nothing has been recovered from the conscious possession of the

Patna High Court CR. MISC. No.17821 of 2025(2) dt.19-03-2025 2/2 petitioner. He further submits that similarly situated co-accused person has already been granted bail by this Court vide order dated 06.03.2025, passed in Criminal Misc. No. 3756 of 2025.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the petitioner is neither the owner of the driver of the alleged vehicle and similarly situated co-accused person has already been granted bail by this Court, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Court No.1, Samastipur, in connection with Pusa Police Station Case No.114 of 2024, subject to the condition laid down under Section 482 (2) of the B.N.S.S. (Anil Kumar Sinha, J) Siwani/- U T