Adarsh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58753 of 2025 Arising Out of PS. Case No.-137 Year-2024 Thana- CHORAUT District- Sitamarhi ====================================================== Adarsh Kumar S/O Jeetan Mandal R/O Village- Baura Bazidpur, P.S- Pupri, Dist.- Sitamarhi (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Veena Kumari Jaiswal, 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 317(5) of Bharatiya Nyaya Sanhita and Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 52.65 litres of illicit liquor from the motorcycle bearing Reg. No. BR07-AK-2406. Co-accused Md. Azmat was apprehended on the spot who disclosed the name of this petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case only on the disclosure made by apprehended co-accused with ulterior motive. Further submission is that petitioner is neither the owner nor the driver of the seized vehicle. Petitioner

Patna High Court CR. MISC. No.58753 of 2025(2) dt.22-09-2025 2/2 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 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 Court concerned in connection with Choraut P.S. Case No. 137 of 2024, 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