Prem Raj Saha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10853 of 2025 Arising Out of PS. Case No.-100 Year-2024 Thana- PATNA CITY CHOWK District- Patna ====================================================== Prem Raj Saha Son of Tuntun Saw @ Tuntun Sah Resident of village - Tetar Hat, Lakhisarai, P.S.- Lakhisarai, District - Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 28-03-2025 Heard the learned counsel for the petitioner and learned counsel for the State.

2. The petitioner apprehends his arrest in connection with Chowk P.S. Case No. 100 of 2024 registered for offences under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 30.96 liters of foreign illicit liquor has been recovered.

4. Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence. He further submits that petitioner has not been caught on the spot. He claims clean antecedent.

5. Learned APP for the State has vehemently opposed the prayer for bail.

6. Considering the facts and circumstances of the

Patna High Court CR. MISC. No.10853 of 2025(2) dt.28-03-2025 2/2 case, this application for anticipatory bail is allowed.

7. Accordingly, let the petitioner, above-named, in the event of his arrest or surrender within four weeks from today in the Court below, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna City, Patna/concerned court below in connection with Chowk P.S. Case No. 100 of 2024 subject to the conditions that:- i). Before accepting the bail-bonds of the petitioner, the Court below will verify the antecedent of the petitioner. If the petitioner is found having clean antecedent, then the bail-bonds of the petitioner shall be accepted. If the petitioner is found having criminal antecedent(s), then his bailbonds shall not be accepted by the court below. (ii). The petitioner will mark his attendance at the Lakhisarai Police Station on every Sunday of each month. Any default in the appearance at the Police Station would result in cancellation of the bail bonds of the petitioner.

8. This application for anticipatory bail is allowed. (Sandeep Kumar, J) Shishir/- U T