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Patna High CourtCR. MISC./69574/2025allowed

Vikash Kumar v. The State Of Bihar

2025-10-09Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69574 of 2025 Arising Out of PS. Case No.-304 Year-2025 Thana- NASRIGANJ District- Rohtas ====================================================== 1.

Vikash Kumar S/o- Rajesh Chaudhary @ Loha Chaudhary Resident of Village- Hariharganj PS- Nasriganj District- Rohtas 2.

Lalbabu Singh @ Lalbabu S/o- Jangbahadur Singh Resident of VillageHariharganj PS- Nasriganj District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Siddharth Harsh, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-10-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend arrest in a case registered under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, 165 litres of illicit liquor was recovered from the bank of Sone river near crematory. Two co-accused persons, namely, Dipak Kumar and Atal Singh were apprehended on the spot who disclosed the name of the petitioners that they fled away.

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case only on the basis of confessional statement of apprehended

Patna High Court CR. MISC. No.69574 of 2025(2) dt.09-10-2025 2/2 co-accused persons. Further submission is that petitioners have no concern either with the seized illicit liquor or with the apprehended co-accused. The illicit liquor has been recovered from an open place. It is submitted that petitioner no. 1 is a young boy of 21 years whereas petitioner no. 2 is an old aged man having aged about 75 years. Petitioners have no criminal antecedent and they undertake to cooperate in the investigation and 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 petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Nasriganj P.S. Case No. 304 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023.

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