Laxman Kumar @ Lakshman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68551 of 2025 Arising Out of PS. Case No.-44 Year-2021 Thana- VISHNUPAD District- Gaya ====================================================== Laxman Kumar @ Lakshman Kumar S/o Viran Chaudhary R/o village Bhadeja, P.S.- Muffasil, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar, Advocate.

For the Opposite Party/s :

Mr.Kanhiya Kishor, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 08-10-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Vishnupad P.S. Case No. 44 of 2021 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. Allegation is of recovery of 20 litres of mahua liquor from the motorcycle of the petitioner.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated in the case due to enmity. He has no concern either with the seized liquor or trade of liquor in any manner. The petitioner had parked his motorcycle at an open place which is accessible to anyone and someone dumping the liquor on his motorcycle fled away. The petitioner has clean antecedent.

5. Learned APP for the State has vehemently opposed

Patna High Court CR. MISC. No.68551 of 2025(2) dt.08-10-2025 2/2 the prayer for grant of pre-arrest bail to the petitioner.

6. Having considered the rival submissions made on behalf of the parties and having perused the F.I.R. and the seizure list, I find that the recovery is from the motorcycle which was parked at an open place which is accessible to anyone and the real culprit dumping the liquor on the motorcycle fled away, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned District Court where the case is pending in connection with Vishnupad P.S. Case No. 44 of 2021, subject to the condition as laid down under Section 438(2) of the Cr.P.C / Section 482 (2) BNSS.

7. The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically lose its force.

8. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T