Jay Prakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10753 of 2025 Arising Out of PS. Case No.-44 Year-2025 Thana- Excise P.S. District- Kaimur (Bhabua) ====================================================== Jay Prakash S/O Late Lakshmishankar R/O Charitarban, P.S- Town, Distt.- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisu Zzoha, Adv.

For the Opposite Party/s :

Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-03-2025 Heard learned counsel for the petitioner and Mr. Nityanand Tiwary, learned APP for the State.

2. The petitioner seeks bail in connection with Kaimur Excise Case No. 44 of 2025 instituted for the offences under Sections 30(a), 32(i) & (iii), 41(1)(2) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per prosecution case, the police has recovered total 440.280 liters of illicit foreign liquor from a car bearing Regd. No. JH05AD-9399. The petitioner was arrested on the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as

Patna High Court CR. MISC. No.10753 of 2025(2) dt.07-03-2025 2/3 alleged against him and has falsely been implicated in the present case merely on the basis of suspicion. The petitioner is the driver of the alleged vehicle but, has no concern with the alleged recovery of illicit liquor. The petitioner was not aware of the contents of the material loaded in the car, in question. The three mobiles recovered by the police belong to the petitioner. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 16.01.2025 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent,

Patna High Court CR. MISC. No.10753 of 2025(2) dt.07-03-2025 3/3 let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kaimur Excise Case No. 44 of 2025.

(Rudra Prakash Mishra, J) rishi/- U T