Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13084 of 2025 Arising Out of PS. Case No.-99 Year-2024 Thana- NADI P.S. District- Patna ====================================================== Prince Kumar Son of Vijay Chaurasiya @ Vijay Prasad Chaurasiya Resident of Village- Kripal Tola Gadhochak Fatuha, Ps-Nadi District -Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mohammad Minnatullah, Adv.

For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 13-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner is apprehending arrest in connection with Nadi P.S. Case No. 99 of 2024 registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per prosecution case, on secret information that petitioner and others are said to have involved in selling illicit liquor on the Parti land near Mata Rani Shop of Iron Bar, informant and other police officials reached there. On seeing police, two persons fled away from the place of occurrence and

Patna High Court CR. MISC. No.13084 of 2025(2) dt.13-05-2025 2/3 total 26.250 liters illicit liquor was recovered.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the first information report. The source of information has not been disclosed in the first information report. Petitioner was not found at the place of occurrence and he has been falsely implicated in this case without any basis. Learned counsel submits that the place from where the alleged recovery has been made is an open place and is accessible to all and petitioner cannot be held liable for the alleged recovery. No incriminating article has been recovered from possession of the petitioner. Petitioner bears clean antecedent.

5. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner, above named, in the event of arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction

Patna High Court CR. MISC. No.13084 of 2025(2) dt.13-05-2025 3/3 of Special Judge, Excise, Patna City, Patna in connection with Nadi P.S. Case No. 99 of 2024, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Alok Kumar Pandey, J) mcverma/- U T