Gajendra KumarversusThe State of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.28001 of 2026
                 Arising Out of PS. Case No.-540 Year-2025 Thana- CHHATAUNI District- East Champaran
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                 Gajendra Kumar S/o- Manpur Ram @ Manroop Ram Resident of Village-
                 Belwatiya, Ward No.3, P.S-Piprakothi, District- East Champaran
                                                                                ... ... Petitioner
                                                   Versus
                 The State of Bihar
                                                                         ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :        Mr. Baidhyanath Thakur, Advocate
                 For the Opposite Party :        Mr. Madan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

3   13-05-2026                 Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                  2. This application for anticipatory bail arises out

                   of Chhatauni P.S. Case No. 540 of 2025, registered for the

                   offence punishable under Section 30(a) and 41(1) of the Bihar

                   Prohibition and Excise Amendment Act.

                                  3. As per allegation, 10 liters of country made

                   liquor was recovered from a motorcycle, which was driven by

                   the co-accused Raju Mahammad.

                                  4. It has been submitted by learned counsel for the

                   petitioner that the petitioner has been made accused on the basis

                   of being the owner of the motorcycle from which the alleged

                   recovery has been made. It has further been submitted that the

                   said motorcycle, at the time of seizure, was not under the

                   control of the petitioner as he had sold the motorcycle to one
          Patna High Court CR. MISC. No.28001 of 2026(3) dt.13-05-2026
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                    Bablu Kumar, who had assured that he will get the same

                    transferred in his name in the District Transport Office and,

                    under that bonafide belief, the petitioner gave his motorcycle to

                    him, which was being used by Bablu Kumar. The petitioner has

                    got no criminal antecedents and he has become the victim of the

                    circumstances.

                                    5. Learned counsel for the State opposed the prayer

                    of anticipatory bail of the petitioner.

                                 6. Heard the parties and perused the record.

                                 7. Considering the facts and circumstances, let the

                    petitioner above named, in the event of his arrest/surrender

                    within six weeks from today in the Court below, be released on

                    bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

                    with two sureties of the like amount each to the satisfaction of

                    the learned Exclusive Special Excise Court-1, East Champaran,

                    Motihari, in connection with Chhatauni P.S. Case No. 540 of

                    2025, subject to the conditions as laid down under Section

                    482(2) of the Bhartiya Nagrik Suraksha Sanhita.



                                               (Praveen Kumar, J)
Pawan/-

U     T