Vinod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57349 of 2025 Arising Out of PS. Case No.-141 Year-2025 Thana- Excise P.S. District- Begusarai ====================================================== Vinod Kumar Son of Asharfi Mahto Resident of Mohalla - Barhara, Ward No.- 07, Police Station - Birpur, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prem Kumar, Adv.

For the Opposite Party/s :

Mr.Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-10-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Begusarai Excise P.S. Case No. 141 of 2025 dated 18.04.2025 registered for the offences punishable u/ss 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 143.640 litres of illicit foreign liquor was recovered from the room in the poultry farm.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the poultry farm in question stands in the name of the petitioner but the same is being run by his son namely Binod Kumar with the aid of his working partner but at the

Patna High Court CR. MISC. No.57349 of 2025(2) dt.31-10-2025 2/2 time of raid, he was also not present at the place of occurrence. Nothing has been recovered from the conscious possession of the petitioner. The co-accused person has already been granted regular bail by this court vide order dated 14.07.2025 passed in Cr. Misc. No. 44259/2025. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner by submitting that the said recovery has been made from the poultry farm of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the material available on the record, I am of the view that no case for grant of anticipatory bail is made out and the same is disposed of with direction to the petitioner to surrender before the Court below concerned within six weeks from today and prayer for regular bail and the learned Court below shall consider the prayer for regular bail of the petitioner on the same day without being prejudiced by this order.

8. The application stands disposed of.

(Chandra Prakash Singh, J) Gautam/- U T