Kangesh Kumar @ Kangesh Das @ Vikram Das @ Rangesh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49878 of 2025 Arising Out of PS. Case No.-480 Year-2022 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Kangesh Kumar @ Kangesh Das @ Vikram Das @ Rangesh Das S/o- Bijli Das Village- Lalpur Ps- Runnisaidpur Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vagisha Pragya Vacaknavi , Advocate For the Opposite Party/s :

Mr. Kanhiya Kishor , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-08-2025 Heard learned senior counsel for the petitioner and learned A.P.P. for the State .

2. The petitioner apprehends bail in a case registered for the offence punishable under Section 30(a) , 37 ( b ) (c) of the Bihar Prohibition and Excise Act 2018 .

3 . As per prosecution case, total 112.2 liters illicit liquor was recovered from the house of co-accused Ramchandra Rai and this petitioner is alleged to have fled away from the spot.

4. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.49878 of 2025(2) dt.20-08-2025 2/3 that petitioner is quite innocent and has committed no offence as alleged. Petitioner has been made an accused in this case merely on the basis of confessional statement of co-accused persons who were apprehended at the spot. No incriminating article has been recovered from conscious possession of this petitioner. Except confessional statement, there is no material on record to show the complicity of this petitioner in the alleged occurrence . Petitioner has got 1 criminal antecedent of similar nature in which he is on bail.

5 . Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the nature of accusation and also fact that no incriminating article has been recovered from conscious possession of this petitioner, the prayer for grant of anticipatory bail of to the petitioner is allowed.

7. Considering the aforesaid facts and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioner, as named above, 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 the learned Exclusive special Judge - I Sitamarhi in connection with Runnisaidpur P.S. Case No.

Patna High Court CR. MISC. No.49878 of 2025(2) dt.20-08-2025 3/3 480 of 2022 , subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita , 2023 .

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