Lavkush Rai v. The State of Bihar

====================================================== Appearance : For the Petitioner/s For the State ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA Mr. Alok Kumar Alok, Adv. Mr. Kalyan Shankar, APP : : 3 28-07-2025 Heard learned counsel for the petitioner and learned ORAL ORDER A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

The recovery of total 51.120 litres of foreign liquor has been shown from the seized car.

Learned counsel for the petitioner submits that no recovery was made from physical and conscious possession of the petitioner. His name has surfaced in this case on account of the fact that he is the owner of the seized car which was taken by his friend for his personal work on the alleged date. It is further submitted that the process of search and seizure amounts to violation of the mandatory provisions as there is no Patna High Court CR. MISC. No.45996 of 2025(3) dt.28-07-2025 independent witness to the said seizure and this petitioner has no criminal antecedent as mentioned in para 3 of the bail application.

Learned APP for the State, however, opposes the prayer for anticipatory bail.

Considering the entire facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on anticipatory 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 lower Court where the case is pending/successor Court in connection with Parsa P.S. Case No. 98 of 2025, subject to the condition as laid down under Section 438 (2) of the Cr.P.C/ 482 (2) of the BNSS, 2023. (Soni Shrivastava, J) divyanshi/- U T