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Patna High CourtCR. MISC./57451/2025allowed

Mahadev Kumar v. The State Of Bihar

2025-09-15Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57451 of 2025 Arising Out of PS. Case No.-1 Year-2025 Thana- GADHA District- Sitamarhi ====================================================== Mahadev Kumar S/o Rampravesh Raut R/o Village- Manik Chowk East, P.S.- Gadha, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anil Kumar Singh No. 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 15-09-2025 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, 5.40 litres of illicit liquor was recovered from a bicycle. It is alleged that this petitioner fled away from the spot identified by Mahal Chowkidar.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case merely on the disclosure statement of Mahal Chowkidar. Further submission is that petitioner has no concern with the seized illicit liquor or bicycle. Nothing has been recovered from the conscious possession of the petitioner. Except the disclosure

Patna High Court CR. MISC. No.57451 of 2025(2) dt.15-09-2025 2/2 statement of Mahal Chowkidar, there is nothing material against the petitioner. 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-1, Sitamarhi in connection with Garha P.S. Case No. 1 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