Abhay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35680 of 2025 Arising Out of PS. Case No.-85 Year-2025 Thana- PIPRAKOTHI District- East Champaran ====================================================== Abhay Kumar S/O Harendra Rai Resident of village- Baltharwa, P.s.- Piprakothi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-06-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application for grant of anticipatory bail arises out of Piprakothi P.S. Case No. 85 of 2025, dated 13.03.2025 disclosing offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of total 25.200 liters of English wine from behind the house of the petitioner and petitioner fled away from the place of occurrence.

4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R is false and fabricated. He further submits that it appears from the F.I.R that nothing has been recovered from the

Patna High Court CR. MISC. No.35680 of 2025(2) dt.10-06-2025 2/2 conscious possession of the petitioner rather the recovery has been made from behind the house of the petitioner which is accessible to all. The petitioner has no criminal antecedent.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

6. Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the fact that the petitioner has clean antecedent and recovery has been made from behind the house of the petitioner which is accessible to all, let the petitioner, above named, in the event of arrest or surrender before the court below within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court No.-1, Motihari, East Champaran in connection with Piprakothi P.S. Case No. 85 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ Section 482 (2) of the BNSS, 2023. (Anil Kumar Sinha, J.) priyanka/- U T