Gajendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28001 of 2026 Arising Out of PS. Case No.-540 Year-2025 Thana- CHHATAUNI District- East Champaran ====================================================== Gajendra Kumar S/o- Manpur Ram @ Manroop Ram Resident of VillageBelwatiya, Ward No.3, P.S-Piprakothi, District- East Champaran ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Baidhyanath Thakur, Advocate For the Opposite Party :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 13-05-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application for anticipatory bail arises out of Chhatauni P.S. Case No. 540 of 2025, registered for the offence punishable under Section 30(a) and 41(1) of the Bihar Prohibition and Excise Amendment Act.

3. As per allegation, 10 liters of country made liquor was recovered from a motorcycle, which was driven by the co-accused Raju Mahammad.

4. It has been submitted by learned counsel for the petitioner that the petitioner has been made accused on the basis of being the owner of the motorcycle from which the alleged recovery has been made. It has further been submitted that the said motorcycle, at the time of seizure, was not under the control of the petitioner as he had sold the motorcycle to one

Patna High Court CR. MISC. No.28001 of 2026(3) dt.13-05-2026 2/2 Bablu Kumar, who had assured that he will get the same transferred in his name in the District Transport Office and, under that bonafide belief, the petitioner gave his motorcycle to him, which was being used by Bablu Kumar. The petitioner has got no criminal antecedents and he has become the victim of the circumstances.

5. Learned counsel for the State opposed the prayer of anticipatory bail of the petitioner.

6. Heard the parties and perused the record.

7. Considering the facts and circumstances, let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, 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 the learned Exclusive Special Excise Court-1, East Champaran, Motihari, in connection with Chhatauni P.S. Case No. 540 of 2025, subject to the conditions as laid down under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita. (Praveen Kumar, J) Pawan/- U T