Satish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50632 of 2025 Arising Out of PS. Case No.-122 Year-2025 Thana- MAHUA District- Vaishali ====================================================== Satish Kumar Son Of Jaynandra Singh @ Jaynandan Singh R/O Vill-Supaul Tariya, Ps-Mahua, Dist-Vaishali, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar Singh, Advocate For the Opposite Party/s :

Ms. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Mahua P.S. Case No. 122 of 2025 instituted for the offences under Sections 30(a) and 41(i) of the Indian Penal Code.

3. The prosecution case, in short, is that total 432.825 litres of liquor was recovered from Pick-up vehicle.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. The name of the petitioner transpired in this case on the basis of disclosure of apprehended co-accused person. Learned counsel further submitted that petitioner is driver of the seized vehicle and he has no knowledge regarding the nature of goods booked by the transporter. The petitioner has got no concern with the

Patna High Court CR. MISC. No.50632 of 2025(2) dt.25-07-2025 2/2 alleged recovery of liquor. Learned counsel for the petitioner, therefore, contends that prima-facie no case is made out against the petitioner. The petitioner has no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. Other co-accused has been granted regular bail by this Court vide order dated 02.04.2025 passed in Cr. Misc. No. 19603 of 2025.

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

6. Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Mahua P.S. Case No. 122 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T