Fantush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66111 of 2025 Arising Out of PS. Case No.-185 Year-2025 Thana- Excise P.S. District- Khagaria ====================================================== Fantush Kumar Son of Pappu Yadav Ward No. 6, Gram Kumarchakki Post Rahimpur, Rahimpur, P.S. - Gogri, Dist. - Khagaria, Bihar, 851204. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ravi Shankar Roy, Advocate For the Opposite Party :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 24-09-2025 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in connection with Khagaria Excise P.S. Case No. 185 of 2023, registered under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2016.

3. As per the first information report, 5 liters of illicit country liquor was recovered from a plastic bag tied on the handle of a Hero Splendor Plus Motorcycle bearing Registration No. BR-34V-0430 and the illicit liquor and the motorcycle were seized.

4. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedents and he was not apprehended from the spot and nothing has been recovered from his conscious possession. It is next submitted that the seized article does not belong to the petitioner and his name has

Patna High Court CR. MISC. No.66111 of 2025(2) dt.24-09-2025 2/2 surfaced on the basis of the act that the motorcycle belongs to him, which was given to one of his friends for some personal and urgent use and in course of which this offence is alleged to have been committed.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above named, is directed to be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-II, Khagaria, in connection with Khagaria Excise P.S. Case No. 185 of 2025 subject to the condition as laid down under Section 482

(2) of the B.N.S.S., 2023.

(Ajit Kumar, J) Pawan/- U T