Laxman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57748 of 2025 Arising Out of PS. Case No.-52 Year-2025 Thana- HATHIDAH District- Patna ====================================================== Laxman Kumar S/o Vinay Prasad @ Vinay Yadav, R/o Village- Basauhi, P.S.- Kadirganj, Distt.- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Manoj Kumar Pandey, Advocate.

For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 25-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in a case registered under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per prosecution case, there is recovery of 2568 litre illicit liquor from Postal Parcel Vehicle bearing Registration No. BR-01GM-7961 and the petitioner was arrested on the spot.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that petitioner was simply a passerby who was waiting for public transport, in the meantime the police arrested him on the basis of suspicion. Learned counsel submits that petitioner is neither owner nor driver of the seized vehicle and he has no concern with the alleged seized liquor. He further

Patna High Court CR. MISC. No.57748 of 2025(3) dt.25-09-2025 2/2 submits that no incriminating article has been recovered from the conscious possession of petitioner. Learned counsel submits that seizure list has not been prepared in accordance with mandatory provisions of law. He further submits that petitioner is in custody since 19.06.2025 and he has got clean antecedent. Learned counsel submits that there is no likelihood of absconding the petitioner or tampering with the evidence and he undertakes to cooperate in the investigation and trial.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties and the period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned in connection with Hathidah P.S. Case No.52 of 2025.

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