Vikash Kumar@ Vikas Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44337 of 2025 Arising Out of PS. Case No.-69 Year-2025 Thana- Excise P.S. District- Madhepura ====================================================== Vikash Kumar@ Vikas Kumar Son of Surendar sah @ Surendra Sah Resident of village - Jiwachpur Ward no 07 , P.S- Bharrahi, District Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Amarnath Jha, Advocate For the State :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-07-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. appearing on behalf of the State.

2. The petitioner apprehends his 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, 35 litres illicit country made liquor was recovered from possession of co-accused Sanjiv Rishidev and Gayatri Devi. This petitioner is alleged to have fled away from the place after seeing the police party.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from conscious possession of this petitioner and he has falsely been implicated in this case merely on the basis of

Patna High Court CR. MISC. No.44337 of 2025(2) dt.14-07-2025 2/2 confessional statement of co-accused persons who were apprehended at the spot. Petitioner has got one criminal antecedent of similar nature in which he is already on bail.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the nature of accusation and the fact that no incriminating article has been recovered from conscious possession of this petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions JudgeVII-cum-Special Judge Excise-II, Madhepura in connection with Madhepura Excise P.S. Case No. 69 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S.. (Prabhat Kumar Singh, J) shashank/- U T