Bablu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56261 of 2025 Arising Out of PS. Case No.-100 Year-2021 Thana- BAKHTIYARPUR District- Patna ====================================================== Bablu Kumar, S/O Late Tetar Rai R/O Village- Bakhtiyarpur Naya Tola, P.SBakhtiyarpur, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Advocate For the Opposite Party/s :

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

2. The petitioner apprehends his arrest in connection with Bakhtiyarpur P.S. Case No. 100 of 2021, instituted under Section 30(a) of the Bihar Prohibition & Excise Act.

3. There is recovery of 42 litre country made liquor from a motorcycle kept in plastic sack and gallon. Co-accused Sharvan Kumar and Bittu Kumar were identified by the Chaukidar that they fled away leaving the motorcycle.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case being owner of the said motorcycle. Petitioner was not arrested on the spot. In fact, the said motorcycle was taken by co-accused Bittu Kumar on the pretext of bringing medicine for his mother.

Patna High Court CR. MISC. No.56261 of 2025(2) dt.09-09-2025 2/2 Petitioner had no knowledge about the misdeed conducted by the co-accused. He has no concern with the seized illicit liquor. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has no criminal antecedent. He undertakes to co-operate 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 submission 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 bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise, Barh, Patna in connection with Bakhtiyarpur P.S. Case No. 100 of 2021, subject to the conditions laid down in Section 482 (2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023. (Sunil Dutta Mishra, J.) rakhi/- U T