Kishan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67328 of 2025 Arising Out of PS. Case No.-45 Year-2025 Thana- Vasudeva District- Buxar ====================================================== Kishan Kumar S/O Sugreev Bin @ Sudhir Bin @ Sudhir Bind, Resident of village- Aathar Bind Toli, Police Station- Basudeva, District- Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manish Rai Sharma, Advocate For the State :
Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Basudeva P.S. Case No. 45 of 2025, dated 16.06.2025, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
3. As per allegation, 6 litre of illicit liquor has been recovered from the house of the co-accused/Sugriv Bind and the petitioner is the son of Sugriv Bind and in this case, beside Sugriv Bind and his son, who is petitioner herein, and one Bhodu Bind is also co-accused.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.67328 of 2025(2) dt.24-09-2025 2/3 Petitioner is innocent and has falsely been implicated in this case. He further submits that petitioner is 20 years old son of Sugriv Bind and he is no way connected with the alleged offence. Only on account of being the son of the main accused, petitioner is implicated as an accused. He further submits that petitioner is a young man of 20 years of age and if he is not enlarged on anticipatory bail, his career may be spoiled.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the young age of the petitioner and the minuscule quantity of the contraband allegedly recovered from his house, it would be travesty of justice if his liberty is curtailed at this stage. Hence, invoking the writ jurisdiction, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing
Patna High Court CR. MISC. No.67328 of 2025(2) dt.24-09-2025 3/3 bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Basudeva P.S. Case No. 45 of 2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) ravishankar/- U T