Abhishek KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10191 of 2026
                       Arising Out of PS. Case No.-190 Year-2025 Thana- NIRMALI District- Supaul
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                 Abhishek Kumar S/O Indar Mukhiya @ Indeshwar Mukhiya Resident of
                 village- Lalmaniya, P.S.- Supaul Nadi Thana, Dist.- Supaul
                                                                               ... ... Petitioner/s
                                                    Versus
                 The State of Bihar.                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shatrughna Pandey, Advocate
                 For the Opposite Party/s :       Mr. Sucheta Yadav, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

4   11-05-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Nirmali P.S. Case No. 190 of 2025 instituted under Section

                   30 (a) of the Bihar Prohibition and Excise Act.

                                3. As per the prosecution case, there is recovery of

                   11.25 liters illicit Nepali foreign liquor from the Motorcycle

                   bearing Registration No.BR50AE-4196 kept in a bag. It is

                   alleged that petitioner fled away from the spot on seeing the

                   police party.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has been falsely implicated in this

                   case. He further submits that the co-accused has been arrested

                   on the spot who confessed the name of petitioner as fled away

                   person with malafide. Learned counsel submits that petitioner

                   has no concern either with the alleged seized liquor or with the
           Patna High Court CR. MISC. No.10191 of 2026(4) dt.11-05-2026
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                     seized motorcycle and except the confessional statement of the

                     co-accused, there is no material against the petitioner. He further

                     submits that petitioner was not present on the spot and no

                     incriminating article has been recovered from his conscious

                     possession. Learned counsel submits that petitioner is a young

                     boy of 20 years, having got clean antecedent and he undertakes

                     to cooperate in the investigation and trial of the case.

                                  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 Judge Excise Court No.2, Supaul/

                     concerned Court in connection with Nirmali P.S. Case No.190 of

                     2025, subject to the conditions laid down in Section 482(2) of

                     the Bharatiya Nagarik Suraksha Sanhita, 2023.



                                             (Sunil Dutta Mishra, J)
Ritik/-Koustav/-

U      T