Subash Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21574 of 2025 Arising Out of PS. Case No.-746 Year-2024 Thana- Excise P.S. District- Siwan ====================================================== Subash Thakur Son of Naresh Thakur Resident of Village - Bhaluwahi, P.O. - Sisahani, P.S. - Drauli, District - Siwan.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Aditya Kumar Pandey, Advocate.

For the Opposite Party/s :

Mr. Braj Kishore Pd., APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 29-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Excise P.S. Case No.746 of 2024 instituted under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 3.5 liters of illicit illegal liquor from the Scooty of the petitioner which was driven by the co-accused.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case on the basis of owner of the Scooty in question. He further submits that Scooty of the petitioner was taken by the coaccused for some urgent work. Learned counsel submits that petitioner has no concern with the seized liquor and the

Patna High Court CR. MISC. No.21574 of 2025(2) dt.29-04-2025 2/2 petitioner was neither present on the spot nor he was apprehended. He further submits that the petitioner has no criminal antecedent and he undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Exclusive Special, Excise Court No.2, Siwan, Bihar in connection with Excise P.S. Case No.746 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) Ritik/- U T