Pratap Kumar @ Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67767 of 2025 Arising Out of PS. Case No.-275 Year-2025 Thana- KALYANPUR District- Samastipur ====================================================== Pratap Kumar @ Chandan Kumar S/O Ravindra Thakur R/O Vill- Phulahara, Jakhara, P.S- Kalyanpur, Dist- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amar Kumar Singh, Advocate For the Opposite Party/s :

Mrs. Indu Kumari Srivastava, 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 apprehends arrest in a case instituted under Section 30(a) 41(1) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 1408.32 litres of illicit foreign liquor was recovered from the land of the co-accused Dilip Ray and also from the Scorpio bearing Registration No. BR06PD8009.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the basis of suspicion. Nothing has been recovered from conscious possession of the petitioner. Petitioner has no concern with the seized illicit liquor. Petitioner is neither the owner nor

Patna High Court CR. MISC. No.67767 of 2025(2) dt.07-10-2025 2/2 the driver of the seized vehicle. On the basis of disclosure made by the villager and secret person, the name of the petitioner surfaced in this case. Petitioner has one criminal antecedent of similar nature and he is on bail in that case. Petitioner undertakes to cooperate in the investigation and the trial.

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

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 petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Judge, Excise-1, Samastipur/learned Court concerned, in connection with Kalyanpur P.S. Case No. 275 of 2025, subject to the conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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