Sevak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62654 of 2025 Arising Out of PS. Case No.-148 Year-2025 Thana- EXCISE KAHALGAON DistrictBhagalpur ====================================================== Sevak Kumar Son of Jay Narayan Mandal R/o Vill - Burning Ghat Road Barari, P.S. - Barari, Dist. - Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Indeshwari Prasad Mandal, Advocate For the Opposite Party/s :

Dr. Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-09-2025 Heard learned counsel for the parties.

2. The petitioner in this application prays for grant of anticipatory bail apprehending his arrest in connection with Excise Kahalgaon P.S.Case no. 148 of 2025 registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, on information having been received and a search being conducted 27 litres of liquor was recovered from the vehicle/ambulance in question and the driver Kargil Kumar Yadav was taken into custody.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. Neither the petitioner was arrested at the spot nor any incriminating

Patna High Court CR. MISC. No.62654 of 2025(2) dt.24-09-2025 2/2 article recovered from his possession. The cause of his false implication is that he happens to be the registered owner of the vehicle in question. He has no criminal antecedent and undertakes to cooperate in the investigation/trial.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation in the F.I.R., no incriminating article having been recovered from the petitioner's possession and specially 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 Excise Kahalgaon P.S.Case no. 148 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 Special Judge(Excise), Bhagalpur. (Partha Sarthy, J) Bibhash U T