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2025 DAILYLAW 4156 (PAT)

Vikash Kumar@Vikash Mandal v. The State of Bihar

CR. MISC./38772/2025 · 2026-04-07

Anil Kumar Sinha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.38772 of 2025 Arising Out of PS. Case No.-2333 Year-2024 Thana- Excise P.S. District- Muzaffarpur ====================================================== Vikash Kumar@Vikash Mandal S/o Brahmdeo Mandal Resident of Village- Lakhankiyari, PS- Sono, District- Jamui ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Shanti Bhushan Singh For the Opposite Party/s : Mr.Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 3 07-04-2026 1. Heard the parties. 2. The petitioner apprehends his arrest in connection with Excise P.S. Case No. 2333 of 2024 dated 24.12.2024 registered for the offence under Section 30(a) / 32(3) of the Bihar Prohibi- tion & Excise Act, 2016. 3. As per the F.I.R. a total quantity of 1470.240 liters of Indian Make Foreign Liquor has been recovered from a six wheeler Ashok Leyland Tanker bearing Registration No. BR01GD-4112. 4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in this case by the Police due to oblique motive. He further submits that recovery has been made from the roof of the tanker and illicit liquor has not been recovered from inside the tanker. He next submits that the petitioner parked his tanker on the N.H. Road and went to Patna High Court CR. MISC. No.38772 of 2025(3) dt.07-04-2026 2/2 have his meal at Line Hotel in the meantime some unknown person kept illicit liuqor on the roof of the tanker. The petitioner has no criminal antecedent. 5. Regard being had to the submissions advanced by the parties, taking into consideration the nature of allegation, the fact that the petitioner is the owner cum driver of the vehicle in question, huge quantity of illicit liquor to the tune of 1470.240 liters has been recovered and in view of Full Bench judgment rendered in Cr. Appeal (SJ) No. 431 of 2019 (Ram Vinay Yadav versus The State of Bihar), I am not inclined to extend the privilege of anticipatory bail to the petitioner. The same is rejected. praful/- (Anil Kumar Sinha, J) U T