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Patna High CourtCR. MISC./6528/2025bail granted

Arvind Kumar Prabhakar @ Lalo v. The State Of Bihar

2025-02-12Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6528 of 2025 Arising Out of PS. Case No.-48 Year-2024 Thana- EXCISE ROSERA District- Samastipur ====================================================== Arvind Kumar Prabhakar @ Lalo S/O Late Ram Prasad Singh R/O VillageKerai, Ward No.09, Police Station- Bibhutipur, District- Samastipur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anant Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Rosera Excise PS Case No. 48 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 73.500 litres of foreign liquor was recovered from back of the house. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that recovery is made from an open place, which is accessible to one and all. It is further submitted that local people disclosed the

Patna High Court CR. MISC. No.6528 of 2025(2) dt.12-02-2025 2/2 name of the petitioner. The petitioner is in custody since 07.01.2025 and has got one criminal antecedent. There is no compliance of Section 103 of B.N.S.S.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Rosera Excise PS Case No. 48 of 2024.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T