Munsi Hembram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56606 of 2025 Arising Out of PS. Case No.-83 Year-2025 Thana- PANJWARA District- Banka ====================================================== Munsi Hembram S/o Suraj Hembram R/o Village- Bara Bandh (Gandhigram), P.S.- Pathargama, District- Godda (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Shweta, Advocate For the Opposite Party/s :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case instituted under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, there is recovery of 233.01 litres Indian made foreign liquor from a car of the petitioner which was being driven by the co-accused Sahil Hembram (son of petitioner), who was apprehended on the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case being the owner of the car. The car in question was taken by the co-accused in good faith and petitioner had no knowledge about carrying of illicit liquor in a car by the co-accused being the son of petitioner. Petitioner was neither present on the spot

Patna High Court CR. MISC. No.56606 of 2025(2) dt.08-09-2025 2/2 nor any incriminating article has been recovered from his possession. Petitioner has no concern with the seized illicit liquor. The petitioner has no criminal antecedent and he undertakes to cooperate in the investigation and the 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 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, Exclusive Excise Court-2, Banka in connection with Panjwara P.S. Case No.83 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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