Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67655 of 2025 Arising Out of PS. Case No.-509 Year-2025 Thana- ARA NAWADA District- Bhojpur ====================================================== Anil Kumar Son of Late Govind Singh Resident of Village - Shivganj Dr. Lakshmi Chanran Ki Gali me, Police Station- Ara Nawada, District - Bhojpur at Ara.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar For the Opposite Party/s :

Mrs. Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Ara Nawada P.S. Case No. 509 of 2025 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the allegation made in the F.I.R., recovery of total 90 litres of country made liquor has been made from an auto-rickshaw bearing Reg. No. BR01PR4062 which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.67655 of 2025(2) dt.24-09-2025 2/3 the petitioner is innocent and has falsely been implicated in this case. He has no concern with the alleged recovery. From bare perusal of the F.I.R., it is apparent that alleged recovery has been made from an auto-rickshaw which is not owned by the petitioner rather the petitioner was acting as per the instructions of his employer, being completely unaware of the illegality of the articles loaded in the vechicle. Proper procedure of search and seizure has also not been followed by the police and there is complete violation of Section 103 of BNSS as both the seizure list witnesses were member of the raiding team itself. Petitioner is in custody since 06.08.2025.

5. Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

6. Keeping in view the aforesaid facts and considering the period under custody, let the petitioner, above named, 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 1st, Bhojpur at Ara in connection with Ara Nawada P.S. Case No. 509 of 2025 subject to the following

Patna High Court CR. MISC. No.67655 of 2025(2) dt.24-09-2025 3/3 conditions :- (i). Petitioner will remain physically present in trial on each and every date till the disposal of the case failing which, on two consecutive dates without reasonable cause, the bail bond of the petitioner may be cancelled by the Trial Court.

(ii). One of the bailor shall be his family member. (S. B. Pd. Singh, J) Ankit Kumar/- U T