IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.35368 of 2025 Arising Out of PS. Case No.-24 Year-2025 Thana- KURSAILA District- Katihar ====================================================== Surbjeet Kumar Son of Late Arun Singh Resident of Swami Vivekanand Nagar, Ward No.- 41, P.S.- Muffasil, District - Begusarai ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ashok Kumar, Adv. For the Opposite Party/s : Mr.Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 29-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. Petitioner is apprehending arrest in connection with G.R. No. 466 of 2025 arising out of Kursela P.S. Case No. 24 fo 2025 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. 3. As per prosecution case, there is alleged recovery of 71.55 liters illicit liquor from vehicle bearing Reg. No. BR-01HH- 9540 and 66.475 liters illicit liquor from vehcile bearing Reg. No.BR-09AP-6897. Himanshu Kumar and Abhishek Kumar were apprehended from vehicle bearing Reg. No.BR-09AP-6897 and Rajeev Jha and Ashutosh Kumar were apprehended from vehicle bearing Reg. No. BR-01HH- 9540. Patna High Court CR. MISC. No.35368 of 2025(2) dt.29-05-2025 2/3 4. Learned counsel for the petitioner orally submits that petitioner is not named in the F.I.R. and his name has surfaced as the owner of the vehicle bearing Reg. No.BR-09AP- 6897. Although petitioner is the owner of the above vehicle but he is having commercial registration of the said vehicle and for the business purpose he had entrusted the said vehicle to co- accused Himanshu Kumar. Petitioner has no knowledge as to for which purpose his vehicle was being used by the co-accused. No incriminating article has been recovered from possession of the petitioner. There is no compliance of section 103 B.N.S.S.. The seizure list has not been made as per law. Petitioner bears no criminal antecedent. In the light of the aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provisions of Bihar Prohibition and Excise Act. 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 arrest or surrender within a period Patna High Court CR. MISC. No.35368 of 2025(2) dt.29-05-2025 3/3 of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of District & Addl. Sessions Judge-cum-Exclusive Excise Court No. 2, Katihar in connection with G.R. No. 466 of 2025 arising out of Kursela P.S. Case No. 24 of 2025, subject to the conditions as laid down under section 482(2) of the Code of Criminal Procedure. 7. The application stands allowed. mcverma/- (Alok Kumar Pandey, J) U T