Nand Kishor Purbey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66782 of 2025 Arising Out of PS. Case No.-48 Year-2024 Thana- LARJHAGHAT District- Samastipur ====================================================== Nand Kishor Purbey S/O Bhagwat Purbey @ Late Bhagat Purbey Resident of Village- Sabhwa, P.S.- Bithan, Dist.- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjit Kumar Yadav, Advocate Mr. Ugresh Kumar, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Larjhaghat P.S. Case No. 48 of 2024 dated 28.09.2024, instituted for the offence punishable under Section 30(a) of the Bihar Prohibition of Excise Act.

3. The allegation is of recovery of 7.25 litres country made liquor from the motorcycle bearing Registration No. BR33N-8002, which is registered in the name of petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that the said motorcycle was sold by the petitioner to one Shiv Prakash Yadav on 22.09.2024 and the

Patna High Court CR. MISC. No.66782 of 2025(2) dt.24-09-2025 2/2 sale letter of the motorcycle has been annexed in this bail application and marked as Annexure-2. Learned counsel further submitted that two persons were arrested on the spot with illicit liquor on the motorcycle, who were staffs of Shiv Prakash Yadav. Lastly, it has been submitted that petitioner has no criminal antecedents.

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

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Larjhaghat P.S. Case No. 48 of 2024, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Excise Judge Excise-I, Samastipur subject to condition as laid down under Section 482(2) of the B.N.S.S.

(Khatim Reza, J) Sankalp/- U T