Chintu Kumar @ Chintu Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51561 of 2025 Arising Out of PS. Case No.-740 Year-2025 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Chintu Kumar @ Chintu Kumar Rai S/o Late Dinesh Ray @ Jinish Ray Resident of Village - Maksudpur, P.S. - Rampurhari, District - Muzzafarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-08-2025 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 30(a) and 41 of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 4237.5 litres of Indian made foreign liquor was recovered from a truck.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. Petitioner is neither owner nor driver of the vehicle in question. The name of the petitioner transpired on the basis of confessional statement of co-accused person. Nothing has been recovered from the conscious possession of this petitioner. Petitioner claims clean antecedents.

Patna High Court CR. MISC. No.51561 of 2025(2) dt.04-08-2025 2/2

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, fact that no incriminating article has been recovered from conscious possession of this petitioner and clean antecedents, 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 Special Judge, Excise, Court No. 1, Muzaffarpur in connection with Ahiyapur P.S. Case No. 740 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S..

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