Saurav Kumar @ Kanhaiya Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29945 of 2025 Arising Out of PS. Case No.-60 Year-2025 Thana- Excise P.S. District- Samastipur ====================================================== Saurav Kumar @ Kanhaiya Kumar S/o Shravan Rai R/o Vill.- Musapur Matiyara, Ward No. 28, P.S.- Mufassil, Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Shabina Talat, Advocate For the Opposite Party/s :
Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending arrest in connection with Excise P.S. (Sadar) Case No. 60 of 2025, dated 03.03.2025, lodged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
3. As per the prosecution, total recovery of 2.25 litres of illicit liquor has been made, which is the subject matter of the present case.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. It is further submitted that nothing has been recovered from the possession of the petitioner, rather, the alleged recovery was made from the staircase of the house, which is shared by three
Patna High Court CR. MISC. No.29945 of 2025(2) dt.14-05-2025 2/2 families. Learned counsel also submits that the petitioner has no criminal antecedents and is ready to comply with any condition that may be imposed upon him.
5. Learned APP for the State opposes the prayer for bail of the petitioner.
6. In the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Special Exclusive Excise Judge 2nd, Samastipur, in connection with Excise P.S. (Sadar) Case No. 60 of 2025, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023. (Dr. Anshuman, J.) Aman Kumar/- U T