Bikas Kumar @ Vikash @ Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85717 of 2024 Arising Out of PS. Case No.-207 Year-2024 Thana- RAJEPUR District- East Champaran ====================================================== BIKAS KUMAR @ VIKASH @ VIKASH KUMAR S/O NETA RAY R/O VILL.- NANHKAR, BALBHADRA, P.S. RAJEPUR, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manjeet Kumar Mishra For the Opposite Party/s :

Mr. Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-02-2025

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Rajepur Police Station Case No. 207 of 2024, disclosing offences under Sections 30(a), 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution case, on 07.10.2024 the informant got a secret information that petitioner along with other accused persons have kept huge quantity of foreign liquor and selling the same, proceeded towards the place of occurrence and upon seeing the police party four persons fled away. Upon inquiry, the villagers and Chowkidar disclosed the name of the petitioner along with other accused persons. 339.87 liters of

Patna High Court CR. MISC. No.85717 of 2024(4) dt.28-02-2025 2/3 foreign liquor was recovered from the field belonging to Ravindra Rai.

4. Learned Counsel for the petitioner submits that the petitioner is having no criminal antecedent and he has been made accused on the basis of secret information and disclosure of his name by the Chowkidar and the villagers. The illicit liquor has not been recovered from the field belonging to the petitioner but the same has been recovered from an open field belonging to one Ravindra Rai.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the petitioner is having no criminal antecedent and illicit liquor has not been recovered from the premises belonging to the petitioner, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 3, East Champaran at Motihari, in connection with

Patna High Court CR. MISC. No.85717 of 2024(4) dt.28-02-2025 3/3 Rajepur Police Station Case No. 207 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) HarshPandey/- U T