Govind Kumar @ Gobind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57151 of 2025 Arising Out of PS. Case No.-247 Year-2025 Thana- BALIYA District- Begusarai ====================================================== Govind Kumar @ Gobind Kumar Son of Sadanand Singh Resident of village - Rahatpur, Ward No.- 01, P.S.- Ballia (Baliya), District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 16-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Ballia (Baliya) P.S. Case No. 247 of 2025 instituted under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 33 litres of foreign liquor has been recovered from the house and back of the house of co-accused Raushan Kumar who is brother of petitioner. It is alleged that petitioner fled away from the spot after seeing the police.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The petitioner is residing separately from his brother coaccused Raushan Kumar. There is no recovery of incriminating material either from the conscious possession or from the house

Patna High Court CR. MISC. No.57151 of 2025(3) dt.16-09-2025 2/2 of the petitioner and except the fact that the petitioner is full brother of the co-accused Raushan Kumar from whose house the illicit liquor has been recovered there is no material available on the record against the petitioner. The 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 Excise Judge-II, Begusarai in connection with Ballia (Baliya) P.S. Case No.247 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. (Sunil Dutta Mishra, J) AjayMishra/- U T