Lakhindra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50861 of 2025 Arising Out of PS. Case No.-589 Year-2025 Thana- Excise P.S. District- Muzaffarpur ====================================================== Lakhindra Kumar S/O Manegar Ram R/o Vill.- Bahdinpur, P.S. - Paroo, Dist.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priyesh Kumar, Adv.

For the Opposite Party/s :

Mr.Sharda Kumari. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-08-2025 Heard Learned Counsel for the petitioner and Learned A.P.P for the State.

2. The petitioner is apprehending arrest in connection with Excise P.S. Case No.589 of 2025, for the offence punishable under Sections 30(a) & 32(3) of the Bihar Prohibition and Excise Act.

3. As per the prosecution, the total recovery of 112.320 litres of foreign liquor have been alleged to be made from a maruti car, which is the subject matter of the present case.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that petitioner was not present on the spot and his name has been transpired only due to owner of the alleged

Patna High Court CR. MISC. No.50861 of 2025(2) dt.11-08-2025 2/2 vehicle. Counsel further submits that criminal antecedent of the petitioner is not clean. There is one criminal case pending against him which is not relating to Excise Act. He further submits that the petitioner was completely unaware that his driver has used the said vehicle for commission of such crime.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that criminal antecedent of the petitioner is not clean as there is one case which is not relating to excise matter.

6. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Exclusive Special Judge Excise-II, Muzaffarpur, in connection with Excise P.S. Case No.589 of 2025, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023. (Dr. Anshuman, J.) Prakashmani/- U T