Kamal Narayan Sahu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.471 of 2025 Arising Out of PS. Case No.-254 Year-2024 Thana- BABUBARHI District- Madhubani ====================================================== Kamal Narayan Sahu Son of Ram Prasad Sahu Resident of villageNarayanpur PS -Manigachhi District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Jha, Advocate For the Opposite Party/s :

Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-02-2025 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Babubarhi PS case no. 254 of 2024, disclosing offences punishable under Sections 272, 273, 467, 468/34 of the Indian Penal Code and Sections 30(a) and 41 of Bihar Prohibition and Excise Act.

3.

The prosecution story, as per the First Information report, is that upon information that one person was selling illicit liquor by sitting on a motorcycle at village- Chourhi near Banarjhulla Pokhar Mahar, the informant along with police force went at the said place of occurrence. Upon seeing the police party, he tried to flee away but he was apprehended and disclosed his name as Sunder Paswan. Total 10 liters of illicit

Patna High Court CR. MISC. No.471 of 2025(2) dt.06-02-2025 2/3 Nepali countrymade liquor and one motorcycle were recovered. Petitioner has been made accused in this case on the basis of being the owner of the said motorcycle.

4.

Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case and he has not committed any offence in the manner alleged. He further submits that though the illicit liquor has been recovered from the motorcycle of the petitioner but at the time of occurrence, the motorcycle was borrowed by co-accused Sunder Paswan for some urgent work. Petitioner is stated to be having no criminal antecedent.

5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that the alleged motorcycle was borrowed by co-accused at the time of occurrence as also the fact that petitioner is having clean antecedent, I am inclined to grant the privilege of anticipatory bail to the petitioner.

6.

This application is, accordingly, allowed.

7.

Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six 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

Patna High Court CR. MISC. No.471 of 2025(2) dt.06-02-2025 3/3 satisfaction of learned Addditional Sessions Judge II-cumSpecial Judge, Excise Act, Madhubani in connection with Babubarhi PS case no. 254 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) rinkee/- U T