Lav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59807 of 2025 Arising Out of PS. Case No.-1141 Year-2025 Thana- Excise P.S. District- East Champaran ====================================================== Lav Kumar S/o Vinod Patel @ Vinod Raut R/o Village - Ambariya, P.S.- Shikarganj, Distt- East Champaran, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nityanand, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-09-2025 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 the prosecution case, 45 litres of illicit liquor was recovered from Glamour motorcycle bearing Reg. No. BR05-AG-0851. Two persons including this petitioner were apprehended on the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to ulterior motive. Further submission is that petitioner is neither the owner nor the driver of the seized motorcycle. Petitioner has no concern with the seized liquor. On the alleged date of occurrence, petitioner was going to meet his family

Patna High Court CR. MISC. No.59807 of 2025(2) dt.11-09-2025 2/2 members in the meantime, police party stopped and asked him to make seizure list witness and when petitioner denied, he was falsely implicated in the instant case. Nothing has been recovered from conscious possession of the petitioner. It is submitted that there is no independent witness on the seizure list. Petitioner is a young boy having clean antecedent rotting in custody since 17.07.2025. There is no chance of his absconding or tampering with the evidence. Petitioner undertakes to cooperate in the investigation and trial.

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

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, 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 Exclusive Special Excise Court No. 02, Motihari, East Champaran in connection with Excise P.S. Case No.1141 of 2025. (Sunil Dutta Mishra, J) utkarsh/- U T