Anand Kumar Dubey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43554 of 2025 Arising Out of PS. Case No.-146 Year-2020 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== Anand Kumar Dubey S/o Awadhesh Kumar Dubey @ Avdhesh Lal Dubey R/o Village- Nayee Sadak Hanuman Gachchi, P.S.- Vishnupad, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Aryan Singh, Advocate For the Opposite Party/s :
Mr.Upendra Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 04-08-2025
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Magadh Medical P.S. Case no.146 of 2020 registered under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.
3. As per the prosecution case, 108 liters of country made liquor was recovered from a tempo which was kept in a sack.
4. Learned counsel for the petitioner submits that petitioner is neither the owner nor the driver of the seized tempo. No recovery has been made from the physical or conscious possession of the petitioner. He further submits that
Patna High Court CR. MISC. No.43554 of 2025(3) dt.04-08-2025 2/2 there is no independent witness to the seizure list and hence, mandatory provisions of search and seizure have been violated. The petitioner has no criminal antecedent and undertakes to cooperate in the case/trial.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State.
6. In view of the aforesaid facts of the case, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Magadh Medical P.S. Case no.146 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023.
(Soni Shrivastava, J) Harsh/- U T