Abhimanyu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66699 of 2025 Arising Out of PS. Case No.-856 Year-2025 Thana- NAWADA District- Nawada ====================================================== Abhimanyu Kumar Aged 22 Years S/O Rambriksh Yadav Resident of VillageJasat, P.S.- Dhamaul, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Man Mohan Kumar, Adv For the Opposite Party/s :

Mr.Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Nawada Town/Nagar P.S. Case No. 856 of 2025 registered for the offences punishable under Sections 30(a) of Bihar Prohibition and Excise Act.

3. As per allegation in the FIR, there is a recovery of 78 litres of illicit liquor from the car bearing Registration No. JH01X-8993.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that petitioner has nothing to do with the alleged liquor as it was recovered from the alleged car bearing Registration

Patna High Court CR. MISC. No.66699 of 2025(2) dt.24-09-2025 2/2 No. JH01X-8993. He further submits that petitioner is neither the owner nor the driver of the said vehicle. He further submits that there is no independent witnessed to the said occurrence. He further submits that petitioner is in custody since 12.08.2025 having clean antecedent of similar nature.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR and impugned order dated 21.08.2025, it appears that the alleged recovery was not made from the conscious possession of the petitioner rather it was recovered from the car bearing Registration No. JH01X-8993. Moreover, there is no independent witness to the seizure list. So, considering the aforesaid facts and circumstances of the case and submissions made on behalf of the learned counsel for the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise, Court- 1, Nawada in connection with Nawada Town/Nagar P.S. Case No. 856 of 2025.

(Ramesh Chand Malviya, J) Sunnykr/- U