Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82110 of 2025 Arising Out of PS. Case No.-594 Year-2025 Thana- Excise P.S. District- Kaimur (Bhabua) ====================================================== Chandan Kumar S/O Narendra Kumar R/O Village- Urdhina, P.S- Barun, Distt.- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kiran Kumari Sharma For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-12-2025

1. Heard the parties.

2. The petitioner apprehends his arrest in connection with Excise P.S. Bhabhua Case No. 594 of 2025 dated 22.09.2025 registered under Sections 30(a), 32 (i) (iii), 41(i) & (ii) of the Bihar Prohibition and Excise Amendment Act, 2022.

3. As per the first information report a total quantity of 17.460 liters of illicit foreign liquor has been recovered from a Maruti Suzuki Alto Car bearing registration no. BR24Q3720 and the driver of the car managed to flee away.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The name of the petitioner transpired only because he happens to be the registered owner of the seized car in question. The driver of the car fled away from the place of occurrence after leaving the car

Patna High Court CR. MISC. No.82110 of 2025(2) dt.10-12-2025 2/2 and the petitioner was unaware about the fact that his car was being used by the driver for transportation of liquor. The petitioner has no criminal antecedent.

5. Regard being had to the submission made by the parties, taking into consideration the fact that illicit foreign liquor has not been recovered from the conscious possession of the petitioner, the justification given by the petitioner regarding recovery of illicit foreign liquor from the car in question and the petitioner has no criminal antecedent, accordingly, I am inclined to grant anticipatory bail to the petitioner.

6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Spl. Judge Excise -II, Kaimur at Bhbhua in connection with Excise P.S. Bhabhua Case No. 594 of 2025 subject to the condition as laid down under Section 482 (2) of the B.N.S.S. 2023.

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