Abhinandan Kumar @ Abhinandan Mahaldar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86043 of 2024 Arising Out of PS. Case No.-178 Year-2019 Thana- KADWA District- Katihar ====================================================== Abhinandan Kumar @ Abhinandan Mahaldar Son of Birendra Mahaldar R/oVillage- Godhia, PS- K. Nagar , Distt.- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs.Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 30-04-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Kadwa P.S. Case no.178 of 2019 registered under section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.

3. As per the prosecution case, the informant states that on seeing police personnel the accused left his motorcycle and managed to escape. On search, a total of 6.660 liters of foreign liquor is said to have been recovered from the said motorcycle.

4. Learned counsel for the petitioner submits the petitioner has been falsely implicated in the case only for the reason that he happens to be the registered owner of the said

Patna High Court CR. MISC. No.86043 of 2024(4) dt.30-04-2025 2/3 vehicle. However, learned counsel for the petitioner further stated in paragraph no. 8 to the petition that one Manish Kumar borrowed his motorcycle from the petitioner requesting that he had to go to Katihar for medical treatment of his father and hence, the petitioner has no knowledge that his motorcycle was put to some illegal use. No recovery has been made from physical or conscious possession of the petitioner. The petitioner undertakes to cooperate in the case/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State who submits that the petitioner has one criminal antecedent. In response, learned counsel for the petitioner submits that he is on bail on the said case.

6. In view of the aforesaid facts of the case, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Kadwa P.S. Case no.178 of 2019 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District & Sessions Judge-cum-Exclusive Special, Excise Court No. 2, Katihar, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the

Patna High Court CR. MISC. No.86043 of 2024(4) dt.30-04-2025 3/3 B.N.S.S, 2023 and subject to the further condition that:- (I) He shall co-operate in the investigation/trial and would make himself available before the Investigating Officer of the present case on an interval of every 15 days till the submission of the charge-sheet.

(II) The learned Court below would however, verify the criminal antecedent of the petitioner and in case it is found that the petitioner has concealed his criminal antecedent, the Court below shall take step for cancellation of bail bond of the petitioner. However, it is expected that the verification process would be done expeditiously without causing any delay. (Soni Shrivastava, J) Harsh/- U T