Patna High CourtCR. MISC./13508/2025bail granted

Prakash Kumar @ Lukar @ Luke v. The State Of Bihar

2025-03-28Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13508 of 2025 Arising Out of PS. Case No.-171 Year-2024 Thana- MASHRAK District- Saran ====================================================== Prakash Kumar @ Lukar @ Luke Son of Anil Singh R/o Village-Gangauli, P.S-Mashrakh, Dist-saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeet Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 28-03-2025 Heard Learned Counsel for the petitioner and Learned A.P.P for the State.

2. The petitioner is apprehending arrest in connection with Mashrakh P.S. Case No.171 of 2024, for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution, the total recovery of 86.38 litres of foreign and countery-made liquor have been alleged to be made from a shop, which is the subject matter of the present case.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that petitioner was not present on the spot and his name has been transpired only on suspicion. Counsel further

Patna High Court CR. MISC. No.13508 of 2025(2) dt.28-03-2025 2/2 submits that criminal antecedent of the petitioner is clean. He further submits that the petitioner is not the owner of the shop from where the alleged recovery has been made.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that criminal antecedent of the petitioner is clean.

8. In the present facts and circumstances of this case and the submissions made above, let the petitioners above named, be granted bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) each with two sureties of the like amount each to the satisfaction of Exclusive Special Excise Judge-2, Saran at Chapra in connection with Mashrakh P.S. Case No.171 of 2024, subject to the following conditions as laid down under Section 438(2) of Cr.P.C.

(Dr. Anshuman, J.) Prakashmani/- U T