Kunal Kumar @ Kumar Kunal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72279 of 2025 Arising Out of PS. Case No.-254 Year-2025 Thana- BHAGWANPUR District- Begusarai ====================================================== Kunal Kumar @ Kumar Kunal Son of Ghanshyam Sah @ Ghanshyam Prasad Resident of Village - Banwaripur, P.S.- Bhagwanpur, Distt.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Randhir Kumar No 1, Advocate For the Opposite Party/s :

Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-10-2025 Heard learned counsel for the parties.

2. The petitioner in this application prays for grant of anticipatory bail apprehending his arrest in connection with Bhagwanpur P.S. Case no. 254 of 2025 registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, on information having been received at the time of patrolling, it is stated that while 6 litres of country liquor was recovered, the petitioner managed to escape.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. Neither the petitioner was arrested at the spot nor any incriminating article recovered from his possession. The alleged place of

Patna High Court CR. MISC. No.72279 of 2025(2) dt.16-10-2025 2/2 recovery even as per FIR is a water tank constructed under the Nal Jal Yojana. The petitioner has no antecedent under the Bihar Prohibition and Excise Act, 2016 and undertakes to cooperate in the investigation/trial.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation in the F.I.R., no incriminating article having been recovered from the petitioner's possession and the petitioner not having any antecedent under the Bihar Prohibition and Excise Act, 2016, it is directed that the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Bhagwanpur P.S. Case no. 254 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge-1, Begusarai.

(Partha Sarthy, J) Bibhash U T