Sharwan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40313 of 2025 Arising Out of PS. Case No.-102 Year-2025 Thana- GURUA District- Gaya ====================================================== Sharwan Kumar Son of Bindeshwar Yadav Resident of Village - Nawabchak, P.S.- Gurua, District - Gaya.
... ... Petitioner/s
Versus
The State of Bihar ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sudhir Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Madan Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-06-2025 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, 21 litres illicit liquor was recovered from the sacks, allegedly, thrown by this petitioner in the wheat field.
4. Learned counsel for the petitioner submits that no incriminating material has been recovered from conscious possession of the petitioner. Petitioner has got no concern with the alleged recovery and he has been made accused only on suspicion. Recovery has been made from an open place, accessible to one and all. Petitioner claims clean antecedent.
5. Considering the place of recovery, nature of
Patna High Court CR. MISC. No.40313 of 2025(2) dt.26-06-2025 2/2 accusation and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Excise Court No. 05, Gaya in connection with Gurua P. S. Case No. 102 of 2025, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Prabhat Kumar Singh, J) Navya/- U T