Patna High CourtCR. MISC./29997/2025bail granted

Vikash Kumar v. The State Of Bihar

2025-05-15Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29997 of 2025 Arising Out of PS. Case No.-41 Year-2025 Thana- CHANDI District- Bhojpur ====================================================== Vikash Kumar S/o Ram Babu Yadav R/o Village- Khangaon, P.S.- Chandi, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiv Prasad Gupta For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-05-2025

1. Heard the parties.

2. The petitioner apprehends his arrest in connection with Chandi P.S. Case No. 41 of 2025 dated 09.03.2025 registered under section 30(a) of the Bihar Prohibition and Excise Act 2022 (Amended).

3. As per the first information report the police recovered a total quantity of 100 liters of country made 'mahua' wine from the bank of Sone river and apprehended one Mahendra Yadav.

4. Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and his name has come only on suspicion. Illicit country made 'mahua' wine has not been recovered from the conscious possession and / or premises belonging to the petitioner. The wine in question has been seized from the bank of Sone river which is

Patna High Court CR. MISC. No.29997 of 2025(2) dt.15-05-2025 2/2 an open place accessible to all and sundry.

5. Regard being had to the submission made by the parties, taking into consideration the nature of allegation and the fact that illicit country made 'mahua' wine has been seized from the bank of Sone river which is an open space easily accessible to everyone, 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 Excise Court 1st Bhojpur at Ara in connection with Chandi P.S. Case No. 41 of 2025 subject to the condition as laid down under Section 482 (2) of the B.N.S.S. 2023. (Anil Kumar Sinha, J) praful/- U T