Badal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63017 of 2025 Arising Out of PS. Case No.-137 Year-2025 Thana- BIRPUR District- Supaul ====================================================== Badal Kumar Son of Ashok Kumar Bhusakuliya Resident of Village- Birpur, Ward No. - 02, P.O. -Basantpur, P.S. - Birpur, District - Supaul, State - Bihar - 854340.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-09-2025

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Birpur P.S. Case no. 137 of 2025, registered under sections 30(a) and 37 of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, 9 litres of country liquor was recovered and two accused were taken into custody.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case for the reason that the vehicle in question was registered in the petitioner's name and one of the accused who was caught happens to be the full brother of the petitioner. The petitioner has no criminal antecedent and undertakes to cooperate in the investigation/trial.

Patna High Court CR. MISC. No.63017 of 2025(2) dt.24-09-2025 2/2

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., no incriminating article having been recovered from the petitioner's possession, the reason for implication of the petitioner being that he happens to be the registered owner of the vehicle in question and especially the petitioner not having any criminal antecedent, it is directed that the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Birpur P.S. Case no.137 of 2025 on 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 Court no.2, Supaul. (Partha Sarthy, J) avinash/- U T