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2025 DAILYLAW 56032 (PAT)

Abhishek Kumar v. The State of Bihar

CR. MISC./45159/2025 · 2025-08-04

S B P Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45159 of 2025 Arising Out of PS. Case No.-290 Year-2025 Thana- Excise P.S. District- Lakhisarai ====================================================== Abhishek Kumar Son of Amod Kumar Resident of Village - Berma, Police Station - Sheikhpura, District - Sheikhpura. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ram Vinay Prasad Singh, Advocate For the Opposite Party/s : Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 3 04-08-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner is apprehending his arrest in connection with Lakhisrai Excise P.S. Case No. 290C2 of 2025 for the offence under Section 30(a) of the Bihar Prohibition and Excise Act. 3. As per the allegation, on the alleged date and time of occurrence, total 7.500 litre of foreign liquor has been recovered, which is the subject matter of the present case. 4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the First Information Report. Petitioner used to run a Pathological Lab in the name and style of BIOCHEM Pathology Lab at Chitranjan Road, Lakhisrai. The accused Priyanshu Patna High Court CR. MISC. No.45159 of 2025(3) dt.04-08-2025 2/3 Ranjan was the working staff of the petitioner, working as Lab Technician in the Pathological Lab of the petitioner. The aforesaid Priyanshu Ranjan use to collect blood sample from the house of the patients. Learned counsel further submits that on the alleged date of occurrence the aforesaid Priyanshu Ranjan had gone to collect blood sample from the motorcycle of the petitioner but on the way he was alleged to have caught with the alleged liquor. Petitioner has got no criminal antecedent. 5. Learned APP opposes the prayer for bail. 6. Keeping in view the aforesaid facts, this Court is inclined to extend him the privilege of anticipatory bail. 7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the date of receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned District and Additional Sessions Judge- VII-cum-Exclusive Special Judge, Excise 2nd, Lakhisrai, in connection with Lakhisrai Excise P.S. Case No. 290C2 of 2025 subject to the conditions as laid down under Section 482 of B.N.S.S., as also with the following conditions:- (i) One of the bailors should be close relative of the petitioner. Patna High Court CR. MISC. No.45159 of 2025(3) dt.04-08-2025 3/3 (ii) if the petitioner tampers with the evidence or threatens the witness, in that case, the prosecution will be at liberty to move for cancellation of bail. (iii) In case, the petitioner repeats offence of similar nature after enlargement on bail, his bail bonds may be cancelled by the learned trial Court. Ankit Kumar/- (S. B. Pd. Singh, J) U T