Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65229 of 2025 Arising Out of PS. Case No.-103 Year-2025 Thana- MESKAUR District- Nawada ====================================================== Vikash Kumar S/o- Munna Chaudhary Vill - Adya Rupay, P.S - Sirdala (Parnadabar), Dist - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Birendra Kumar,Adv.

For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 24-09-2025 Heard Mr. Birendra Kumar, learned counsel for the petitioner and Mr. Ram Sevak Choudhary, learned APP for the State.

2. The petitioner apprehends his arrest in connection with Meskaur P.S Case No. 103 of 2025 dated 19.05.2025 registered for the offence punishable under Sections 30(a)/41 of the Bihar Prohibition & Excise Act, 2016 (in short 'Excise Act').

3. The main submissions advanced by the petitioner's counsel are that petitioner bears no criminal antecedent and the instant matter relates to the recovery of 80 liters of country made liquor from a scooty vehicle though the said vehicle belongs to the petitioner who is the registered owner of the same but it is an admitted position that only one person was riding the said vehicle at the time of the alleged recovery and the person apprehended has been identified as Karan Kumar. It is further submitted that the said co-accused, Karan Kumar is a friend of this petitioner who had taken the petitioner's vehicle on some pretext and later on

Patna High Court CR. MISC. No.65229 of 2025(2) dt.24-09-2025 2/2 misused it and the petitioner has been made accused mainly on the basis of he being the registered owner of the said vehicle and there is no sufficient material to attract even prima facie the alleged offence against this petitioner, hence, his prayer is not hit by the provisions of Section 76(2) of the Bihar Prohibition and Excise Act.

4. Learned APP appearing for the State has opposed the prayer of the petitioner.

5. In the facts and circumstances of this case and considering above stated facts and coupled with the petitioner's clean antecedent, this Court is inclined to grant the relief of anticipatory bail to the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Meskaur P.S Case No. 103 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS. (Shailendra Singh, J) siddharthkr/- U T