Subhash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69375 of 2025 Arising Out of PS. Case No.-54 Year-2025 Thana- CHAUTHAM District- Khagaria ====================================================== 1.

Subhash Kumar Son of Lakshami Saw Resident of village - Thuthi, P.S.- Chautham, District - Khagaria, Bihar 2.

Lakshami Saw Son of Rami Saw Resident of village - Thuthi, P.S.- Chautham, District - Khagaria, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Seema Kumari, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 13-10-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Chautham P.S. Case No. 54 of 2025, instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. On secret information regarding storing and selling of foreign liquor by the petitioners in their house and maize field, police team reached there and recovered 54.785 litres of foreign liquor from their house. Petitioners is alleged to have fled away from the spot.

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this

Patna High Court CR. MISC. No.69375 of 2025(2) dt.13-10-2025 2/2 case on the basis of disclosure made by one of the family member of the petitioners. Nothing has been recovered from the conscious possession of the petitioners. The house in question is a joint family property. Petitioners have no concern with the seized liquor. There is no independent witness to the seizure-list. Petitioners have no criminal antecedent. They undertake to cooperate in the investigation and trial.

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

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 Petitioners, above-named, be released on bail upon furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge Excise, Khagaria in connection with Chautham P.S. Case No. 54 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) rakhi/- U T