Kunj Bihari Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71680 of 2025 Arising Out of PS. Case No.-778 Year-2024 Thana- ARA NAGAR District- Bhojpur ====================================================== Kunj Bihari Singh Son of Late Baikunth Singh Resident of village - Basantpur, P.S.- Bhagwanpur, District - Kaimur, State - Bihar, Pincode - 821102.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suraj Prakash For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 15-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Ara Town P.S. Case No. 778/2024 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition of Excise Act.

3. As per prosecution case, there is alleged recovery of 40 liters country made mahua liquor from the motorcycle in question.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR. He orally submits that the petitioner is not named in the FIR and his name has been surfaced in this case during

Patna High Court CR. MISC. No.71680 of 2025(2) dt.15-10-2025 2/3 course of investigation as the owner of the said motorcycle. He orally submits that the petitioner has given the said motorcycle to co-villager in good faith for emergency work and he has misused the said motorcycle in carrying the illicit liquor and the petitioner cannot be held liable for the alleged recovery. The petitioner bears no criminal antecedent. The petitioner was not found at the place of occurrence. No incriminating article has been recovered from the possession of the petitioner. The petitioner has no concern with the seized liquor. The petitioner is not in any way connected with the alleged occurrence. In the light of the aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provision of Bihar Prohibition of Excise Act.

5. The learned A.P.P. for the State opposed the prayer for anticipatory bail of the petitioner and submitted that the petitioner cannot escape from the allegation made in the FIR.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the

Patna High Court CR. MISC. No.71680 of 2025(2) dt.15-10-2025 3/3 learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge-1st (Excise Act), Bhojpur, Ara in connection with Ara Town P.S. Case No. 778/2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S.

7. The application stands allowed.

(Alok Kumar Pandey, J) amitkumar/- U T