Biranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56699 of 2025 Arising Out of PS. Case No.-193 Year-2025 Thana- IMAMGANJ District- Gaya ====================================================== Biranjan Kumar Son of Shiv Kumar Yadav, R/o Village- Bageya, PsImamganj, Dist- Gaya. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, 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 connection with Imamganj P.S. Case No.193 of 2025 instituted under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 18 litre illicit beer from the house of the petitioner. It is alleged that petitioner fled away from the spot after seeing the police team.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner was not present on the spot and no incriminating article has been recovered from his conscious possession and only on the basis of disclosure statement made by local villagers, he has been made accused in this case. Learned counsel submits that the recovery of illicit

Patna High Court CR. MISC. No.56699 of 2025(2) dt.08-09-2025 2/2 beer has been made from the joint house of petitioner and he has no concern with the said illicit beer. He further submits that seizure list has not been prepared in accordance with mandatory provisions of law. Learned counsel submits that 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 aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the concerned Court 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-2, Gaya in connection with Imamganj P.S. Case No.193 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

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