Karan Kumar @ Karan Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73187 of 2025 Arising Out of PS. Case No.-684 Year-2025 Thana- SIKARPUR District- West Champaran ====================================================== Karan Kumar @ Karan Patel S/O Late Nagina Patel Resident of villageShikarpur Block Road, Jamuniya, P.S.- Shikarpur, Dist.- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharad Kumar Verma, Adv For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 15-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Shikarpur P.S Case No. 684 of 2025 dated 07.07.2025 registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per allegation in the FIR, there is a recovery of 120 litre country made liquor under the rear seat of tempo bearing Registration No. BR-06-PD-5195 near Dangar Tola Chowk.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that his name has been figured only on the basis of

Patna High Court CR. MISC. No.73187 of 2025(2) dt.15-10-2025 2/3 suspicion. He further submits that petitioner is neither owner nor driver of the seized vehicle and he has no concern with the alleged seized liquor. Learned counsel submits that petitioner was not arrested on the spot rather his name has been implicated in this case only on the basis of disclosure made by Chaukidar. He further submits that seizure list has not been prepared in accordance with mandatory provisions of law. Learned counsel submits that petitioner is in custody since 02.09.2025 having two antecedent. He further submits that other co-accused has been granted bail vide order dated 03.09.2025 in Cr. Misc. No. 57512 of 2025.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR and impugned order dated 20.09.2025, it appears that petitioner's name has been figured from the disclosure made by Chaukidar and petitioner is neither the driver nor the owner of the said vehicle bearing Registration No. BR-06-PD-5195 and considering the fact the one of the coaccused has been granted bail by the co-ordinate Bench of this Court vide order dated 03.09.2025 in Cr. Misc. No. 57512 of 2025, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two

Patna High Court CR. MISC. No.73187 of 2025(2) dt.15-10-2025 3/3 sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise, Court- II, West Champaran at Bettiah in connection with Shikarpur P.S Case No. 684 of 2025. Sunnykr/- (Ramesh Chand Malviya, J) U