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Patna High CourtCR. MISC./86519/2025bail granted

Anil Kumar @ Sri Anil Kumar v. The State Of Bihar

2025-12-18Mr. Justice Ajit Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86519 of 2025 Arising Out of PS. Case No.-107 Year-2025 Thana- KARPURIGRAM District- Samastipur ====================================================== Anil Kumar @ Sri Anil Kumar S/O Sri Shivnarayan Ram R/O VillageSinghia Khurd, Ward No 14, P.S. - Karpurigram, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brajesh Kumar Singh For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 18-12-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Karpurigram P.S. Case No. 107 of 2025, F.I.R dated 29.09.2025 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

3. As per the prosecution case, on 28.09.2025 at about 01:20 a.m., the informant, Veerbal Yadav, A.S.I., along with the raiding party, allegedly reached the river bank near an orchard at village Singhia Khurd on suspicion of illegal activity. It is alleged that on seeing the police vehicle, four persons fled from the spot and, despite chase, succeeded in escaping. It is further alleged that the local chowkidar disclosed the names of the said

Patna High Court CR. MISC. No.86519 of 2025(2) dt.18-12-2025 2/3 persons as Anil Kumar, Deepak Kumar, Naveen Kumar and Subodh Kumar. Thereafter, 518.4 litres of illicit foreign liquor and one motorcycle bearing registration no. BR-09W-3663 were allegedly recovered from the open orchard, pursuant to which a search and seizure memo was prepared and the present case was instituted.

4. Learned counsel for the petitioner submits that the seizure is said to have been made between the bank of the river and mango orchard. It has next been submitted that the said place is no way connected with this petitioner, and the petitioner has clean antecedent. It has further been submitted that coaccused have been granted bail by the Co-ordinate Bench of this Court passed in Criminal Miscellaneous No. 84062 of 2025 vide order dated 17.12.2025.

5. Learned APP for the State opposes the prayer for anticipatory bail application.

6. Regard being had to the submission made by the parties, taking into consideration the fact that illicit liquor has not been recovered from the constructive possession and / or premises belonging to the petitioner and considering the fact that one of the accused person has been granted bail by Coordinate Bench to grant bail, and this petitioner has clean

Patna High Court CR. MISC. No.86519 of 2025(2) dt.18-12-2025 3/3 antecedent, and the recovery of seized articles is in no way connected with this petitioner, accordingly, this Court is inclined to grant anticipatory bail to the petitioner.

7. 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 learned Exclusive Special Judge, Excise-I, Samastipur in connection with Karpurigram P.S. Case No. 107 of 2025 subject to the condition as laid down under Section 482(2) of the B.N.S.S., 2023.

(Ajit Kumar, J) abhishekkr/- U T