Vindhyachal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62379 of 2025 Arising Out of PS. Case No.-68 Year-2025 Thana- NAVINAGAR District- Aurangabad ====================================================== Vindhyachal Kumar S/O Surendra Prajapati R/O Village- Bilaspur, PSNabinagar, Distt-Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukul Kumari For the Opposite Party/s :

Mr. Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-09-2025

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Nabinagar Police Station Case No. 68 of 2025, dated 05.03.2025, disclosing offences under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution story, as per the First Information Report, is that on 05.03.2025, during vehicle checking , the police intercepted a motorcycle coming from Nabinagar Block, bearing registration no. BR-26Y-2258. On seeing the police party, the rider attempted to flee but he was apprehended and disclosed his name as Durgesh Kumar. Upon search, 37.50 litres of country-made liquor was recovered from the said motorcycle.

Patna High Court CR. MISC. No.62379 of 2025(2) dt.24-09-2025 2/3

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case only because he happens to be the registered owner of the said motorcycle. He next submits that the motorcycle, from where illicit liquor has been recovered, was driven by his driver Durgesh Kumar, who was arrested on the spot and the petitioner had no knowledge about illicit liquor being kept therein. The petitioner has got no criminal antecedent.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the petitioner has been made accused because he happens to be the registered owner of the motorcycle, the motorcycle was being driven by one Durgesh Kumar, who was arrested from the place of occurrence, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge of

Patna High Court CR. MISC. No.62379 of 2025(2) dt.24-09-2025 3/3 Excise-I, Aurangabad, in connection with Nabinagar Police Station Case No. 68 of 2025, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) ashwani/- U T