Lokesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69510 of 2025 Arising Out of PS. Case No.-541 Year-2025 Thana- Excise P.S. District- Kaimur (Bhabua) ====================================================== Lokesh Kumar S/O Awadhesh Singh Kushwaha @ Awadhesh Singh Resident of Mahuar, Ward No.- 10, P.S.- Ramgarh, Dist.- Kaimur, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aquaib Khan, Advocate For the Opposite Party/s :

Mr. Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 25-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Kaimur (Bhabhua) Excise P.S. Case No. 541 of 2025 registered for the alleged offences Sections 30(a), 32(i), 32(iii), 41(1)(2) of the Bihar Prohibition & Excise Act, 2016.

03. As per prosecution case, the Scorpio vehicle being driven by this petitioner was stopped and on search of the vehicle, recovery of 180 liters of country made liquor was made.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner is the driver of the vehicle and has no concern with the illicit liquor seized from the vehicle. The petitioner was having no knowledge about the liquor kept in the

Patna High Court CR. MISC. No.69510 of 2025(2) dt.25-09-2025 2/3 vehicle and he is not the owner of the said vehicle. The petitioner is having antecedent of tow cases. The petitioner is in custody since 29.08.2025.

05. Learned APP for the State opposes the submission made on behalf of the petitioner.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner, he is directed to 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 Judge (Excise)-II, Kaimur at Bhabhua/court concerned in connection with Kaimur (Bhabhua) Excise P.S. Case No. 541 of 2025, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:

(i) One of the bailors will be the close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be

Patna High Court CR. MISC. No.69510 of 2025(2) dt.25-09-2025 3/3 cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T