Prince Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12868 of 2025 Arising Out of PS. Case No.-337 Year-2024 Thana- NAUTAN District- Siwan ====================================================== Prince Dubey S/O Late Yogendra Dubey Resident of village- Sajana, P.SMairwa, District - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. Learned counsel for the petitioner is permitted to make necessary correction in the name of Police Station at appropriate places in the bail application in course of the day. 3.

The petitioner seeks bail in connection with Nautan PS Case No. 337 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 4.

The prosecution case, in short, is that total 333 litres of country made liquor was recovered from Two Motorcycles.

5.

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

Patna High Court CR. MISC. No.12868 of 2025(2) dt.27-02-2025 2/2 the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that motorcycles in question do not belong to the petitioner. The petitioner is in custody since 24.12.2024 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

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

8.

Let the petitioner 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 Nautan PS Case No. 337 of 2024.

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