Bikki Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35089 of 2025 Arising Out of PS. Case No.-193 Year-2025 Thana- EXCISE KAHALGAON DistrictBhagalpur ====================================================== Bikki Kumar S/o Niranjan Mandal R/o Village- Idamapur Fulakiya, PSGhogha, Distt.- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rabi Bhushan, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 29-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Excise (Kahalgaon) P.S. Case No. 193 of 2025, dated 18.04.2025 instituted for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016

3. As per prosecution story, 45.05 liters illicit liquor recovered and seized from Auto bearing Registration No. BR10PB9928 which was being driven by the petitioner.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner has clean antecedent and he is in custody since 19.04.2025. It is further submitted that petitioner is not the owner of the seized Auto and he was

Patna High Court CR. MISC. No.35089 of 2025(2) dt.29-05-2025 2/2 carrying the articles on the instruction of his owner and he was not aware of that illegal liquor is loading on that Auto.

5. Learned APP appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail, after framing of charge, on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge-1st, Bhagalpur, in connection with Excise (Kahalgaon) P.S. Case No. 193 of 2025, on further conditions:

(i) One of the bailors should be close relative of the petitioner. (ii) Petitioner shall co-operate in the trial and shall be present on each and every fixed date and on his absence on two consecutive dates without sufficient reason, his bail bond may be cancelled by the learned trial Court.

(S. B. Pd. Singh, J) Rajiv/- U T