Vijay Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30440 of 2025 Arising Out of PS. Case No.-48 Year-2023 Thana- FULKAHA District- Araria ====================================================== Vijay Kumar Das son of Ramjee Das Village- Dharhara, Ward no. 01, PsFulkaha, Dist- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gopal Kumar Jha, Advocate For the Opposite Party/s :

Mr. Parmanand Prasad, A.P.P ====================================================== 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 Fulkaha P.S. Case No. 48 of 2023 lodged on 02.05.2023, for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution, FIR has been lodged against the sole petitioner. Total recovery of 16.500 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 committed no offence. Counsel submits that the recovery of alleged liquor has been made from a motorcycle which belongs to the petitioner. Counsel submits that petitioner has given his motorcycle to other person and petitioner has no concern with the alleged recovery. Counsel submits that in future such mistake shall not take place. Counsel

Patna High Court CR. MISC. No.30440 of 2025(2) dt.15-05-2025 2/2 further submits that the criminal antecedent of the petitioner is not clean as there are two cases pending against him and both have been lodged under Indian Penal Code.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. As such, 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 Bharatiya Nagarik Suraksha Sanhita, 2023 to the satisfaction of Exclusive Special Judge Excise Court-II, Araria, in connection with Fulkaha P.S. Case No. 48 of 2023, subject to the conditions as laid down U/s 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Dr. Anshuman, J) Divyansh/- U T