Pradesh Khojwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85486 of 2025 Arising Out of PS. Case No.-7 Year-2021 Thana- SAHODARA District- West Champaran ====================================================== Pradesh Khojwar S/O Shankar Kojvar @ Shankar Khojwar R/O Vill- Bhatni, P.s.- Sahodara, Dist.- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Gupta For the Opposite Party/s :

Mr. Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-12-2025 Heard the learned counsel for the petitioner and learned counsel for the State.

2. The petitioner apprehends arrest in connection with Sahodara P.S. Case No. 07 of 2021 registered for offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. There is recovery of 5 liters of illicit liquor from a motorcycle and the petitioner is the owner of the said motorcycle. The petitioner claims clean antecedent.

4. Learned counsel for the petitioner submits that the petitioner is ready to donate Rs. 10,000/- (Rupees Ten Thousand Only) in some charitable organization without accepting his guilt. He further submits that on 14.10.2021, one Aman Kumar had taken away the motorcycle from the mother of the owner of the vehicle for some urgent work.

Patna High Court CR. MISC. No.85486 of 2025(2) dt.18-12-2025 2/3

5. Learned APP for the State has vehemently opposed the prayer of the petitioner.

6. Considering the facts and circumstances of the case and the submission of learned counsel for the petitioner, this application for regular bail stands allowed.

7. Accordingly, let the petitioner, above-named, in the event of arrest or surrender within four weeks from today in the Court below, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise, Bettiah, West Champaran/concerned Court below in connection with Sahodara P.S. Case No. 07 of 2021 subject to the conditions as laid down under Section 482(2) of the BNSS and with further conditions that:- (I). The petitioner shall deposit an amount of Rs. 10,000/- (Rupees Ten Thousand Only) in Ramakrishna Mission Sevashrama, Swami Vivekananda Path, Bela, Muzaffarpur and produce the receipt of the same before the Court below. The bail bonds of the petitioner shall be accepted after verifying the genuineness of the receipt produced by the petitioner.

(ii). At the time of accepting the bail bonds of the petitioner, the Court below

Patna High Court CR. MISC. No.85486 of 2025(2) dt.18-12-2025 3/3 shall verify the fact whether the petitioner has clean antecedent or not. If it is found that the petitioner has clean antecedent then only his bail bonds shall be accepted by the Court below.

8. As the petitioner has mentioned that one Aman Kumar is the person who had taken away the motorcycle from his home, the police should investigate in that direction also.

9. Let a copy of this order be communicated to the Superintendent of Police, West Champaran through FAX for its compliance forthwith.

(Sandeep Kumar, J) Shishir/- U T