Bholu Kumar Rai @ Bholu Mandal @ Bholu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41932 of 2025 Arising Out of PS. Case No.-935 Year-2023 Thana- KHAJANCHI HAT District- Purnia ====================================================== Bholu Kumar Rai @ Bholu Mandal @ Bholu Kumar S/o- Umesh Roy @ Umesh Ray Village- Vikash Nagar Maranga PS- Maranga District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner apprehends his arrest in connection with K. Hat (Sahayak) PS Case No. 935 of 2023 instituted for the offences under Sections 272 & 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 466.72 litres of liquor was recovered from Jugad vehicle. 4.

Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner, therefore, contends that prima-facie no case is made out against the petitioner. Learned counsel further submitted that petitioner is neither the owner nor

Patna High Court CR. MISC. No.41932 of 2025(2) dt.01-07-2025 2/2 the driver of the vehicle. The petitioner has got no concern with the alleged recovery of liquor. The petitioner has one criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. Other co-accused has been granted bail by this Court vide order dated 07-05-2025, passed in Cr. Misc. No. 29104 of 2025.

5.

Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with K. Hat (Sahayak) PS Case No. 935 of 2023, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T