Jai Karan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58762 of 2025 Arising Out of PS. Case No.-207 Year-2025 Thana- BAIRIYA District- West Champaran ====================================================== Jai Karan Kumar Son of Late Mohan Chaudhari Resident of Village - Bairiya, P.S.- Bairiya, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Kumar Ranjit Ranjan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 22-09-2025 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, 2.5 litre of illicit country made liquor was recovered from the backside of the house of the petitioner. Two accused persons were managed to flee away but one accused person, namely, Birbal Kumar apprehended on the spot, who disclosed the name of the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case merely on the disclosure statement made by apprehended co-accused person with ulterior motive. Further submission is

Patna High Court CR. MISC. No.58762 of 2025(2) dt.22-09-2025 2/2 that petitioner was not present on the spot and he has no concern with the seized illicit liquor. Nothing has been recovered from the conscious possession of the petitioner. Except the disclosure statement of apprehended co-accused, there is nothing material against the petitioner. Petitioner has one criminal antecedent which is not of the similar nature 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 Judge Excise-1, Bettiah, West Champaran in connection with Bairiya P.S. Case No. 207 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