Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54110 of 2025 Arising Out of PS. Case No.-304 Year-2025 Thana- HISUWA District- Nawada ====================================================== Abhishek Kumar S/O Shree Pankaj Singh R/O Village- Tungi, P.S.- Hisua, Distt.- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Amresh Kumar Sinha, Advocate For the State :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-08-2025 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 332(c), 61(2) and 3(5) of the B.N.S., Sections 25(1-B)(a), 26 and 35 of the Arms Act and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 14 litres illicit country made liquor was recovered from the house of co-accused Sunil Singh and it is alleged that this petitioner, along with others, was making video of the incident.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. No incriminating article has been

Patna High Court CR. MISC. No.54110 of 2025(2) dt.13-08-2025 2/2 recovered from conscious possession of this petitioner and he has falsely been implicated in this case merely on suspicion. Petitioner has got no criminal antecedent of similar nature.

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 Exclusive Special Judge, Excise I, Nawada in connection with Hisua P.S. Case No. 304 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S..

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