Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21739 of 2025 Arising Out of PS. Case No.-9 Year-2025 Thana- GAUTAMBUDHNAGAR District- Siwan ====================================================== Arun Kumar Son of Late Oshihar Bin Resident of Village- Gaur Kathak, P.S.- G.B. Nagar, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghav Prasad, Advocate.

For the Opposite Party/s:

Ms.Veena Kumari Jaiswal, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 23-04-2025 Heard Mr. Raghav Prasad, learned counsel appearing on behalf of the petitioner and Ms. Veena Kumari Jaiswal, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with G.B. Nagar P.S. Case No. 09 of 2025 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Allegation is of recovery of 25 litres of country made liquor from near a government school.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner has been falsely implicated in the case due to enmity on the basis of disclosure made by local chaukidar. He has no concern either with the seized liquor or trade of liquor in any manner. The place of

Patna High Court CR. MISC. No.21739 of 2025(2) dt.23-04-2025 2/3 recovery is an open place which is accessible to anyone.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner and submits that due to sale and consumption of illicit liquor, day after day, hooch tragedy occurs and the State Officials of different department appears to have facilitated smuggling and trade of illicit liquor inside the State of Bihar. As such, involvement of the petitioner cannot be ruled out from illicit trade of liquor.

6. Considering the nature of allegation made against the petitioner and the fact that recovery of liquor is from an open place, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1, Siwan in connection with G.B. Nagar P.S. Case No. 09 of 2025, 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 been stated in Para-

Patna High Court CR. MISC. No.21739 of 2025(2) dt.23-04-2025 3/3 3 of the bail petition, this order will automatically lose its force.

8. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T