Nimbu Khatik @ Nemu Prasad Sonkar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89013 of 2025 Arising Out of PS. Case No.-891 Year-2025 Thana- SASARAM NAGAR District- Rohtas ====================================================== Nimbu Khatik @ Nemu Prasad Sonkar Son of Lalan Khatik @ Lalan Ram Resident of village - Athakhambha, Near Himani Cold Storage, Tilauthu Road, P.S.- Sasaram (Town), District - Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Babu Nandan Prasad, Advocate For the Opposite Party/s :

Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 22-12-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Sasaram (Town) P.S. Case No. 891 of 2025 instituted under Section 30 (a) of the Bihar Prohibition & Excise Act.

3. As per the prosecution case, there is recovery of 240 litres illicit liquor from two motorcycles. Allegation against the petitioner is that the said liquor was to be delivered to him.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case on the confessional statement of apprehended co-accused persons with whom petitioner has no concern. Petitioner was not present on the spot. Nothing incriminating has been recovered

Patna High Court CR. MISC. No.89013 of 2025(2) dt.22-12-2025 2/2 from the conscious possession of the petitioner. Petitioner has neither concern with the seized liquor nor with the motorcycles. There is no material against the petitioner. Petitioner has two criminal antecedents out of which one belongs to the Excise Act in which he is on bail. Petitioner undertakes to co-operate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Exclusive Special Excise Judge II, Sasaram, Rohtas in connection with Sasaram (Town) P.S. Case No. 891 of 2025, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) rakhi/- U T