Abhishek Dubey @ Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84976 of 2024 Arising Out of PS. Case No.-226 Year-2024 Thana- SANGRAMPUR District- East Champaran ====================================================== Abhishek Dubey @ Abhishek Kumar Son of Rameshwar Dubey Resident of Village- Dubey Tola, P.S.- Sangrampur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Sangrampur P.S. Case No. 226 of 2024, dated 09.09.2024, lodged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution, total recovery of 741.21 litres of illicit liquor has been made, which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel further submits that nothing incriminating has been recovered from the petitioner's possession, and he has been falsely implicated in this case. It is also submitted that the petitioner's

Patna High Court CR. MISC. No.84976 of 2024(3) dt.12-05-2025 2/2 name has figured in the case due to the confessional statement of an apprehended accused, who claimed that the wine was brought at the petitioner's instance. Counsel also submits that the petitioner's criminal antecedents are not clean, as there are four criminal cases pending against him, in which he is currently on bail. Additionally, counsel submits that the petitioner is willing to comply with any conditions that may be imposed upon him.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that there are four criminal cases pending against the petitioner, all of which are related to the Bihar Prohibition & Excise Act. Counsel further submits that the apprehended person, from whose possession wine has been recovered, has categorically named the present petitioner.

6. In the present facts and circumstances, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected.

(Dr. Anshuman, J.) Aman Kumar/- U T