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Patna High CourtCR. MISC./66632/2025allowed

Jaddu Kumar v. The State Of Bihar

2025-10-07Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66632 of 2025 Arising Out of PS. Case No.-231 Year-2025 Thana- Excise P.S. District- Jamui ====================================================== Jaddu Kumar, S/o Ashrfi Mahto @ Asharfi Mahto, R/o Village - Amrath, P.S. - Jamui, District - Jamui (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rabi Bhushan, Advocate For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 07-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with JAM P.S. Case No. 231 of 2025, instituted under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, total 10 litres illicit country made liquor recovered from the motorcycle of the petitioner which was being driven by co-accused Rahul Kumar who was apprehended on the spot.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case being the owner of the seized motorcycle. Petitioner was not present on the spot. No incriminating material has been recovered from his possession. He has no concern with the

Patna High Court CR. MISC. No.66632 of 2025(2) dt.07-10-2025 2/2 seized liquor. It is further submitted that petitioner had given the motorcycle to co-accused Rahul Kumar. Petitioner had no knowledge about the misuse of the said motorcycle. Petitioner has no criminal antecedent. He undertakes to co- operate in the investigation and trial.

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

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, above-named, be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Excise Court -II, Jamui, in connection with JAM P.S. Case No. 231 of 2025, subject to the conditions laid down in Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.

(Sunil Dutta Mishra, J) khushbu/- U