Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41588 of 2025 Arising Out of PS. Case No.-86 Year-2025 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== 1.

Abhishek Kumar S/O Rajendra Sahani Resident of Village- Hussepur Naya Tola, Police Station- Sahebganj, Distt-Muzaffarpur,Bihar 2.

Bhairo Sahani S/O Bhikhari Sahani Resident of Village- Hussepur Naya Tola, Police Station- Sahebganj, Distt-Muzaffarpur,Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sweety Sinha, Adv.

For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 09-07-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend arrest in connection with Sahebganj P.S. Case No. 86 of 2025 dated 26.02.2025, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The allegation is of recovery of 40 litres country made liquor from black colour Super Splendor motorcycle bearing Reg. No. BR06BN8867.

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is submitted that they have been made accused only

Patna High Court CR. MISC. No.41588 of 2025(2) dt.09-07-2025 2/2 on the basis of confessional statement of Tuntun Kumar. It is submitted that nothing has been recovered either from conscious possession of the petitioners or from their house. It is further submitted that the petitioners are not the owner of the alleged motorcycle from which illicit liquor has been recovered. Lastly, it has been submitted that they have no criminal antecedent.

5. Learned A.P.P. has opposed the prayer for bail of the petitioners.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners within a period of six weeks from today, in connection with Sahebganj P.S. Case No. 86 of 2025, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise-II, Muzaffarpur, subject to condition as laid down under Section 482(2) of B.N.S.S.. (Khatim Reza, J) prabhat/- U T