← Library
Patna High CourtCR. MISC./52865/2025allowed

Sikandar Kumar v. The State Of Bihar

2025-08-18Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52865 of 2025 Arising Out of PS. Case No.-109 Year-2025 Thana- Raghunathpur District- East Champaran ====================================================== Sikandar Kumar S/o Umesh Sahani R/o Vill- Sapahi Kodarwa, P.S.- Raghunathpur, Distt- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suraj Kumar Tiwari, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in a case registered under Sections 30(a), 41(1) and 52 of Bihar Prohibition and Excise Amendment Act.

3. As per the prosecution case, there is recovery of 85 litres of country made liquor behind the house of the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to malice intention. Further submission is that the alleged recovery has been made from an open place easily accessible to anyone. Petitioner has no concern with the seized illicit liquor. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has no criminal

Patna High Court CR. MISC. No.52865 of 2025(2) dt.18-08-2025 2/2 antecedent and he undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Special Judge, Excise Court No. 1, Motihari, East Champaran in connection with Raghunathpur P.S. Case No. 109 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023.

(Sunil Dutta Mishra, J) utkarsh/- U T