Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55570 of 2025 Arising Out of PS. Case No.-100 Year-2025 Thana- MUFFASIL District- West Champaran ====================================================== Pintu Kumar S/o Bira Prasad @ Bira Prasad Patel R/o Village- Chargaha, Ward No 3, PS- Bettiah, Mufassil, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mayank Mohan, Advocate For the Opposite Party/s :

Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 01-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in a case registered under Sections 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, 1.125 litre illicit liquor kept in white plastic bag, was recovered from the motorcycle bearing Reg. No. BR22-BD-6443 of which, petitioner is registered owner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case being the owner of the seized motorcycle. Further submission is that on the alleged date of occurrence, the petitioner had parked his motorcycle near the road side and had gone to purchase some articles from the grocery shop and when

Patna High Court CR. MISC. No.55570 of 2025(2) dt.01-09-2025 2/2 he returned, he was informed that his bike was impounded by police. Petitioner has no concern with the seized illicit liquor. Nothing has been recovered from the conscious possession of the petitioner. There is no independent witness on the seizure list. Petitioner has no criminal antecedent 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 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-1, Bettiah, West Champaran in connection with Bettiah Mufassil P.S. Case No. 100 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023.

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