Bipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37007 of 2025 Arising Out of PS. Case No.-509 Year-2023 Thana- HISUWA District- Nawada ====================================================== Bipin Kumar S/o Bharat Prasad R/o Vill - Ladmi Bigha, P.S - Parnadabar, Dist - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-06-2025

1. Heard the parties.

2. The petitioner apprehends his arrest in connection with Hisua P.S. Case No. 509 / 2023 dated 13.09.2023 registered under Section 30(a) of the Bihar Prohibition and Excise Act 2016.

3. As per the first information report the Police recovered 50 liters of country made liquor from a plastic bag kept in a white colour Indigo Car bearing registration no. JH-01AR-8483 while two persons managed to flee away from the place of occurrence by jumping into the river.

4. Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case merely because he happens to be the registered owner of the Indigo Car. He submits that the car in question was borrowed by one relative of the petitioner

Patna High Court CR. MISC. No.37007 of 2025(2) dt.25-06-2025 2/2 for some necessary work and the petitioner was unaware about illicit liquor being transported by the car. The police during search and seizure did not follow the provisions of Section 103 of the B.N.S.S. Act 2023. The petitioner has clean antecedent.

5. Regard being had to the submission made by the parties, taking into consideration the fact that petitioner has no criminal antecedent, he has been made accused merely on the ground that he is the registered owner of the Indigo Car in question and justification given by the petitioner regarding recovery of illicit liquor, as such, I am inclined to grant anticipatory bail to the petitioner.

6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Excise Judge -Ist Nawada in connection with Hisua P.S. Case No. 509 / 2023 subject to the condition as laid down under Section 482 (2) of the B.N.S.S. 2023. praful/- (Anil Kumar Sinha, J) U T