Kunal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34955 of 2025 Arising Out of PS. Case No.-109 Year-2025 Thana- DORIGANJ District- Saran ====================================================== Kunal Kumar S/o Basdev Mahto R/o Village- Mahaji, P.S.- Doriganj, DistrictSaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeet Kumar Singh, Adv.

For the Opposite Party/s :

Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 30-06-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Doriganj P.S. Case no.109 of 2025 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, the informant states that on seeing police personnel all the accused left their motorcycles and managed to escape. On search, a total of 350 liters of country made liquor is said to have been recovered from two motorcycles.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. He is neither the owner nor has he concern with the alleged liquor. The name of the petitioner has transpired in this case only on basis of

Patna High Court CR. MISC. No.34955 of 2025(4) dt.30-06-2025 2/2 suspicion raised by local people. There is no independent witness to the seizure list indicating violation of mandatory provisions of search and seizure. The petitioner has no criminal antecedent and undertakes to cooperate in the case/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. In view of the aforesaid facts of the case, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Doriganj P.S. Case no.109 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 3rd Exclusive Special Excise Judge, Saran at Chapra, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023.

(Soni Shrivastava, J) Harsh/- U T