Keshaw @ Keshav @ Keshav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35953 of 2025 Arising Out of PS. Case No.-168 Year-2025 Thana- Excise P.S. District- Begusarai ====================================================== Keshaw @ Keshav @ Keshav Kumar Son of Dayanand Choudhary Resident of Village - Govindpur, Ahiyapur, P.S.- Mansurchak, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar Thakur, Adv.

For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-06-2025 Heard Learned Counsel for the petitioner and Learned A.P.P. for the State.

2. The present Criminal Miscellaneous application has been filed under Sections 483 and 484 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as "the BNSS") for seeking regular bail in connection with Excise P.S. Case No.168 of 2025 lodged on 08.05.2025 sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. As per the prosecution, the total recovery of 121.5 litres of illicit liquor have been alleged to be made from the bank of a auto rickshaw, 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 also submits that petitioner has been falsely implicated in the present case. He further submits that nothing has been recovered

Patna High Court CR. MISC. No.35953 of 2025(2) dt.05-06-2025 2/2 from conscious possession of the petitioner. He further submits that the said recovery has been made from auto rickshaw where petitioner and driver was sitting. He further submits that the petitioner has taken lift on the said vehicle and in the meantime, police has made raid and he has been made accused in this case.

5. Learned Counsel further submits that petitioner is in custody since 08.05.2025 having clean antecedent. He further submits that in future, such mistake shall not take place.

6. Learned counsel for the State opposes the prayer for bail and submits that the petitioner's antecedent is clean.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) as mentioned in Section 2(1) (d) of the BNSS, 2023 to the satisfaction of Exclusive Special Excise Judge-II, Begusarai in connection with Excise P.S. Case No.168 of 2025, subject to the following conditions as laid down under Section 480(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Dr. Anshuman, J.) Prakashmani/- U T