Bandhu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56176 of 2025 Arising Out of PS. Case No.-109 Year-2025 Thana- SIKARHATTA District- Bhojpur ====================================================== Bandhu Kumar Son of Surendra Singh Resident of Vill- Sikarhatta Kala, P.S.- Sikarhatta, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravindra Kumar, Advocate For the Opposite Party/s :

Mr. Ramchandra Sahni, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 02-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

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

3. As per the prosecution case, 120 litres of country made Mahua liquor was recovered from the bank of Banas river near village Sikarhta Kala Bharosi Tola. It is alleged that five persons fled away from the spot, after seeing the police. Local watchman identified three accused persons including this petitioner as escaped persons.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case merely on the disclosure statement made by local watchman. Further submission is that petitioner has no concern

Patna High Court CR. MISC. No.56176 of 2025(2) dt.02-09-2025 2/2 with the seized illicit liquor or place of occurrence. 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 Excise Judge-II, Ara, Bhojpur in connection with Sikarhatta P.S. Case No. 109 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