Pintu Kumar @ Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30385 of 2025 Arising Out of PS. Case No.-304 Year-2019 Thana- NAWADA MUFFASIL District- Nawada ====================================================== Pintu Kumar @ Vikash Kumar Son of Arun Yadav Resident Of Village -Panshala, Ps -Muffasil, Dist- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vibhuti Ranjan Sonvadra For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 15-05-2025 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Muffasil P.S. Case No. 304/2019 registered on 07.01.2019 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution, the subject matter of the present case involves the recovery of 5 litres of country-made liquor, along with utensils allegedly used for the preparation of liquor, recovered from a bush near a river.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. It is contended that nothing has been recovered from the conscious

Patna High Court CR. MISC. No.30385 of 2025(2) dt.15-05-2025 2/2 physical possession of the petitioner. The alleged recovery has been made from an open area, specifically, a bush near a river, which does not belong to the petitioner. The petitioner has no connection with either the recovered liquor or the seized equipment used for its preparation. It is further submitted that the petitioner has a clean criminal antecedent.

5. Learned counsel for the State opposes the prayer for bail; however, it is submitted that the petitioner has no criminal antecedents.

6. In the facts and circumstances, let the above named petitioner be released on bail, in the event of arrest or surrender before the Trial Court within a period of four weeks from today, on furnishing bail bond of ₹30000/- (thirty thousand) as mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha Sanhita, 2023 to the satisfaction of the Exclusive Special Excise Court-1, Nawada, in connection with Muffasil P.S. Case No. 304/2019, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. (Dr. Anshuman, J) Ashwini/- U T