Akash Kumar Roy @ Akash Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45203 of 2025 Arising Out of PS. Case No.-51 Year-2025 Thana- CHAORI District- Bhojpur ====================================================== Akash Kumar Roy @ Akash Kumar Rai S/o Late Arvind Kumar Rai R/o Village- Sagar, P.S.- Rampur, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar, Adv.

For the State :

Mrs. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 11-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. The FIR and the seizure list would show that a total of 130.2 litres of foreign liquor has been recovered from a white car which was found in premises of a house and one of the coaccused, namely, Prince Yadav was apprehended on the spot.

4. Learned counsel for the petitioner submits that no recovery was made from physical and conscious possession of the petitioner. His name has surfaced in this case on account of the fact that he happens to be the owner of the seized car. However, it is submitted that the seized car was under the

Patna High Court CR. MISC. No.45203 of 2025(2) dt.11-07-2025 2/2 control and use of the petitioner's brother-in-law at the relevant time. It is further submitted that the process of search and seizure also amounts to violation of the mandatory provisions as there is no independent witness to the said seizure and this petitioner has no criminal antecedent as mentioned in para 3 of the bail application.

5. Learned APP for the State, however, opposes the prayer for anticipatory bail.

6. Considering the entire facts and circumstances, let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Chauri P.S. Case No. 51 of 2025, subject to the condition as laid down under Section 438 (2) of the Cr.P.C/ 482 (2) of the BNSS, 2023. (Soni Shrivastava, J) divyanshi/- U T