Anshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73008 of 2025 Arising Out of PS. Case No.-405 Year-2025 Thana- PATLIPUTRA District- Patna ====================================================== Anshu Kumar Son of Ranjeet Kumar R/o Village - Badki Malma, P.S. - Sarmera, Dist. - Nalanda, currently residing on rent in the house of one Ramsaran Rai, R/o - Dujra Pahalwan Ghat near Khajagali, P.S. - Budha Colony, Dist. - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Rai, Advocate.

For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 15-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in a case registered under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per prosecution case, there is recovery of 140 litre illicit country made liquor from an Auto bearing Registration No. BR-01PQ-1604 which belongs to petitioner and two co-accused persons, namely, Ankit Kumar and Raj Kumar who were sitting on the Auto were apprehended on the spot.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case being the registered owner of the Auto in question. He further submits that apprehended co-accused, namely, Ankit Kumar is brother of petitioner who had taken the said Auto

Patna High Court CR. MISC. No.73008 of 2025(2) dt.15-10-2025 2/2 without the consent and knowledge of petitioner and he misused the vehicle about which petitioner had no knowledge. Learned counsel submits that petitioner was not present on the spot and no incriminating article has been recovered from his conscious possession. He further submits that petitioner is in custody since 17.09.2025, having got clean antecedent and he is not involved in the trade and business of illicit liquor. Learned counsel submits that there is no likelihood of absconding the petitioner or tampering with the evidence and he undertakes to cooperate in the investigation and trial.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, be released on 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 Court concerned, Patna in connection with Patliputra P.S. Case No.405 of 2025.

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