Arvind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53375 of 2025 Arising Out of PS. Case No.-72 Year-2025 Thana- KUDHNI District- Muzaffarpur ====================================================== Arvind Kumar S/o Vaijnath Sah @ Baidhnath Sah, R/o Vill.- Mornifs, P.S.- Maniyari, Dist.- Muzaffarpur ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Priyesh Kumar, Advocate.

For the Opposite Party/s :

Mr. Nityanand, APP.

====================================================== 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 his arrest in connection with Kudhni P.S. Case No.72 of 2025 instituted under Sections 274, 275 of B.N.S. and Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 41.940 liter country made foreign liquor from the shop of the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that no incriminating article has been recovered from the conscious possession of the petitioner and he has no concern with the shop from where the recovery of liquor

Patna High Court CR. MISC. No.53375 of 2025(2) dt.18-08-2025 2/2 was made. Learned counsel submits that only on the basis of suspicion the name of petitioner has been implicated in this case. He further submits that petitioner has one criminal antecedent, in which he is on bail 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 aforesaid 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 each to the satisfaction of the learned Exclusive Special Judge Excise-II, Muzaffarpur in connection with Kudhni P.S. Case No.72 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

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