Subhankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62609 of 2025 Arising Out of PS. Case No.-225 Year-2025 Thana- MAHISHI District- Saharsa ====================================================== Subhankar Kumar S/o Ramanand Ray R/o vill - Naharavar, P.S.- Mahishi, Distt.- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 25-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in a case instituted under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 09 litres illicit liquor was recovered from a bag. The local chaukidar disclosed the name of petitioner, who is alleged to have fled away throwing the bag near transformer, on seeing the police party.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Petitioner was not apprehended on the spot. Nothing has been recovered from conscious possession of the petitioner. Petitioner has no concern with the seized illicit liquor. The alleged recovery has been made from a bag kept near

Patna High Court CR. MISC. No.62609 of 2025(2) dt.25-09-2025 2/2 transformer which is an open place accessible to anyone. There is no independent witness of the seizure list. Petitioner has no criminal antecedent and he undertakes to cooperate in the investigation and the trial.

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

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 petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Saharsa in connection with Mahishi P.S. Case No.225 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sunil Dutta Mishra, J) Harish/- U T