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Patna High CourtCR. MISC./66932/2025allowed

Abhishek Kumar @ Akhilesh 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.66932 of 2025 Arising Out of PS. Case No.-72 Year-2025 Thana- RAJEPUR District- East Champaran ====================================================== Abhishek Kumar @ Akhilesh Kumar S/o Kamal Sahani, Resident of villageSemaraha, P.S.- Rajepur, Dist.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate.

Mr. Harsha Shashwat, Advocate.

For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood, 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 apprehend arrest in a case registered under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per prosecution case, there is recovery of 469.75 litre illicit liquor from an old abandoned shop near the field situated at poultry farm and the petitioner alongwith other coaccused persons fled away from the spot.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that petitioner was not present on the spot at the time of raid. Learned counsel submits that no incriminating article has been recovered from the conscious possession of petitioner. He further submits that petitioner has no concern either with the alleged seized liquor or with the

Patna High Court CR. MISC. No.66932 of 2025(2) dt.07-10-2025 2/2 place of recovery and except the secret information, there is no evidence against the petitioner. Learned counsel submits that similarly situated co-accused person had been granted anticipatory bail by this Court vide order dated 27.08.2025 passed in Cr. Misc. No.55081 of 2025. He further submits that petitioner has got clean antecedent and he undertakes to cooperate in the investigation and trial.

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

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the concerned Court within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Rajepur P.S. Case No.72 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) Ritik/- U T