Abhay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27045 of 2025 Arising Out of PS. Case No.-97 Year-2023 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== Abhay Kumar son of Ramnandan Yadav Resident of Village- Mosimpur Police Station- Sadar District -Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nilendu Kumar Choudhary For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-05-2025

1. Heard the parties.

2. The petitioner apprehends his arrest in connection with L.N.M.U. (University) P.S. Case No. 97 of 2023 dated 30.08.2023 registered under Section 30(a) of the Bihar Prohibition and Excise Act 2016.

3. As per first information report the police team recovered a total quantity of 423 liters of Nepali Sophi liquor from a WagonR car and arrested the driver of the said vehicle.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case by the police due to oblique motive. The petitioner is not named in the F.I.R. The

Patna High Court CR. MISC. No.27045 of 2025(2) dt.06-05-2025 2/3 name of the petitioner has been dragged in this case only because he happens to be the registered owner of the vehicle in question. The petitioner was unaware about the fact that his driver along with the co-accused is engaged in illicit liquor business and he using his vehicle for the said purpose inasmuch as on the date of occurrence the driver of the petitioner told him that his mother is seriously ill and he borrowed the vehicle to take his mother to hospital. The petitioner has no criminal antecedent.

5. Regard being had to the submission made by the parties, taking into consideration the nature of allegation, the fact that the driver of the petitioner had borrowed the petitioner's car for personal use and the petitioner is having clean antecedent accordingly, I am inclined to grant anticipatory bail to the petitioner.

6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below 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 Exclusive Special Judge-II, (Excise Act), Darbhanga in connection with L.N.M.U. (University) P.S. Case No. 97 / 2023 subject to the

Patna High Court CR. MISC. No.27045 of 2025(2) dt.06-05-2025 3/3 condition as laid down under Section 482 (2) of the B.N.S.S. (Anil Kumar Sinha, J) praful/- U T