Aniket Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72371 of 2025 Arising Out of PS. Case No.-1486 Year-2025 Thana- Excise P.S. District- East Champaran ====================================================== Aniket Kumar S/O Late Uday Kumar Yadav Resident of Village- Turki, P.STurki, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 13-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Excise P.S. Case No. 1486 of 2025 registered for the alleged offences under Sections 30(a) and 32 of the Bihar Prohibition & Excise Act, 2016.

03. As per prosecution case, during checking of vehicles, a speeding white coloured car was signaled to stop but the driver tried to flee away with the car. The car was intercepted and this petitioner, who was driving the car, was apprehended. On search of the car, recovery of 43.20 liters of foreign liquor was made.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.72371 of 2025(2) dt.13-10-2025 2/3 case as he was a bystander. The petitioner has no concern either with the car or the liquor seized by the police. The petitioner is neither the owner nor the driver of the said car. The petitioner has been apprehended merely on suspicion and recovery has been fastened upon him. The petitioner is having antecedent of one case in which he is on bail. The petitioner is in custody since 03.09.2025.

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 quantity of liquor seized and further 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 Excise Judge-2, East Champaran at Motihari/court concerned in connection with Excise P.S. Case No. 1486 of 2025, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and

Patna High Court CR. MISC. No.72371 of 2025(2) dt.13-10-2025 3/3 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 cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U