Mohan Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46363 of 2025 Arising Out of PS. Case No.-248 Year-2019 Thana- KHARIK District- Bhagalpur ====================================================== Mohan Roy son of Natthu Roy @ Nathan Roy R/o Sonbarsa, P.S-Bihpur, District-Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Jha, Advocate For the Opposite Party/s :

Ms. Asha Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-08-2025 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 Sections 30(a) and 38(1) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 1172.520 litres of illicit foreign liquor was recovered from the seized vehicle.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. Petitioner is neither owner nor driver of the vehicle in question and his name transpired on the basis of secret information. Nothing has been recovered from the conscious possession of this petitioner. Petitioner has got one criminal antecedent of similar nature in which he is already on

Patna High Court CR. MISC. No.46363 of 2025(2) dt.11-08-2025 2/2 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 Court of Additional Sessions Judge-IX, Bhagalpur in connection with Kharik P.S. Case No. 248 of 2019, subject to condition as laid down under Section 482(2) of the B.N.S.S..

(Prabhat Kumar Singh, J) Neha/- U T