Binod Kumar@ Vinod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51010 of 2025 Arising Out of PS. Case No.-109 Year-2025 Thana- Raghunathpur District- East Champaran ====================================================== Binod Kumar@ Vinod Kumar S/o Pannalal Sahni R/o - Sapahi Kodarwa, P.S. - Raghunathpur, District - 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, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Raghunathpur P.S. Case No. 109 of 2025, dated 03.05.2025, lodged under Sections 30(a), 41(1) and 52 of the Bihar Prohibition and Excise (Amendment) Act, 2022, pending before the Court of Special Judge, Excise Court No. 01, East Champaran, Motihari.

3. As per the prosecution, total recovery of 85 litres of illicit liquor has been made, 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. He further submits that nothing has been recovered from the petitioner's possession. It is also submitted that the alleged illicit liquor was

Patna High Court CR. MISC. No.51010 of 2025(2) dt.11-08-2025 2/2 recovered from the backside of the house of the co-accused, Sikandar Kumar. Furthermore, he submits that the criminal antecedent of the petitioner is not clean, as one criminal case is pending against him.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that one criminal case is pending against the petitioner.

6. In the present facts and circumstances, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected.

7. It is directed to the petitioner to surrender before the Trial Court within a period of 6 weeks from today. In case, the petitioner surrenders within six weeks, then the Trial Court is directed to pass order on his surrender-cum-bail application on the same day without being prejudice that the anticipatory bail of the petitioner has been rejected by this Court and the Trial Court shall pass order on the merit of this case. (Dr. Anshuman, J.) Aman Kumar/- U T