Kaushlendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67947 of 2025 Arising Out of PS. Case No.-288 Year-2025 Thana- JAHANABAD District- Jehanabad ====================================================== 1.

Kaushlendra Kumar, Son of Janeshwar Singh @ Janeshwar Sharma Resident Of Mohalla -Hospital More, Naya Tola, PS- Jehanabad Town Dist.- Jehanabad 2.

Kaushlendra Sharma @ Kaushlendra Kumar, son of Kamlesh Sharma Resident Of Mohalla - Dakshini Daulatpur, PS- Jehanabad, Dist.- Jehanabad 3.

Nand Sharma, son of Gajadhar Sharma Resident Of Mohalla - Dakshini Daulatpur, PS- Jehanabad, Dist.- Jehanabad 4.

Ram Bhawan Kumar @ Ram Bhawan Sharma, son of Brajbhushan Sharma Resident Of Mohalla - Kali Mandir, PS- Jehanabad, Dist.- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 07-10-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Jehanabad P.S. Case No. 288 of 2025, instituted under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, petitioner no. 1 along with other co-accused persons in a drunken condition created nuisance in mohalla and when the informant who is the wife of petitioner no. 1 objected her husband then he assaulted her. On information given by the informant, police reached at the place

Patna High Court CR. MISC. No.67947 of 2025(2) dt.07-10-2025 2/3 of occurrence but the petitioners managed to flee away. On search, 750 ml foreign liquor was recovered from the under constructed house.

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case due to family dispute. They were not present on the spot. They have no concern with the seized liquor. It is further submitted that recovery was made from an under construction house which do not belong to the petitioners. Petitioner no. 1 has two criminal antecedents out of which one belongs to Excise Act in which he has been acquitted, whereas, petitioner no. 2 has one criminal antecedent which does not belong to Excise Act. Petitioner nos. 3 and 4 have no criminal antecedent. They undertake to co- operate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

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 petitioners, above-named, be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.67947 of 2025(2) dt.07-10-2025 3/3 learned Special Judge, Excise - 2nd, Jehanabad, in connection with Jehanabad P.S. Case No. 288 of 2025, subject to the conditions laid down in Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.

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