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2025 DAILYLAW 44592 (PAT)

Lav Kush Kumar v. The State of Bihar

CR. MISC./32408/2025 · 2025-05-19

Alok Kumar Pandey

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32408 of 2025 Arising Out of PS. Case No.-86 Year-2025 Thana- AKHODHIGOLA District- Rohtas ====================================================== Lav Kush Kumar S/o Sipahi Singh @ Awadhesh Singh R/o Village- Chanda Bigha, P.S.- Akorhigola, District- Rohtas ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Rajesh Kumar Singh For the Opposite Party/s : Mr. Nand Kishore, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 19-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner is apprehending his arrest in connection with Akorhigola P.S. Case No. 86 of 2025 registered for the offences punishable under Section 30(a) (b)(c) of Bihar Prohibition and Excise Amendment Act, 2018/2022. 3. As per prosecution case, there is alleged recovery of 28 litre country made liquor from house of the boaring. Local Chowkidar disclosed the name of petitioner and other who fled away from the place of occurrence. 4. Learned counsel for the petitioner submits that the house of the boaring does not belong to the Patna High Court CR. MISC. No.32408 of 2025(2) dt.19-05-2025 2/3 petitioner from where the alleged recovery was made. Petitioner has no concern with the recovered liquor. Learned counsel further submits that petitioner is not found at the place of occurrence. He further submits that petitioner is innocent and has committed no offence as alleged in the FIR. Due to village politics, petitioner has falsely been implicated in the case by local chowkidar. Learned counsel further submits that petitioner bears no criminal antecedent. Nothing has been recovered from the conscious possession of the petitioner. There is no compliance of Section 103 of BNSS. 5. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioner. 6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) Patna High Court CR. MISC. No.32408 of 2025(2) dt.19-05-2025 3/3 with two sureties of the like amount each to the satisfaction of learned Special Judge, Court No.1, Rohtas at Sasaram in connection with Akorhigola P.S. Case No. 86 of 2025, subject to the conditions as laid down under Section 482(2) of B.N.S.S. vashudha/- (Alok Kumar Pandey, J) U T