Bhola Ram @ Bhola Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58019 of 2025 Arising Out of PS. Case No.-26 Year-2025 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Bhola Ram @ Bhola Kumar Son of Late Ganesh Ram Resident Of Village - Raghunathpur Ward No 27 Ps- Raghunathpur District -East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ramesh Chandra, 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 a case instituted under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, total 13 litres illicit liquor was recovered from the house of co-accused Madan Sahni. Petitioner and co-accused Vijay Kumar are alleged to have brought the said liquor at the house of co-accused Madan Sahni on motorcycle. Co-accused Vijay Kumar was arrested on the spot and petitioner fled away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to dirty village politics. The name of petitioner has come on the basis of disclosure statement made by apprehended

Patna High Court CR. MISC. No.58019 of 2025(2) dt.16-09-2025 2/2 person. Nothing has been recovered from conscious possession of the petitioner. The alleged recovery has been made from the house of co-accused Madan Sahni. Petitioner has no concern either with the seized illicit liquor or with the co-accused persons. Except disclosure statement made by co-accused, there is nothing material against the petitioner. Petitioner has no criminal antecedent and he undertakes to cooperate in the investigation and the 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 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Court-1, East Champaran, Motihari in connection with Town P.S. Case No.26 of 2025, subject to the conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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