Om Prakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15011 of 2025 Arising Out of PS. Case No.-253 Year-2024 Thana- PUNAURA District- Sitamarhi ====================================================== 1.

Om Prakash Kumar Son of Ravindra Yadav @ Rabindra Yadav Resident of Village - Ranjitpur (Paschimi), Ward No.-8, P.S. - Punaura, Dist. - Sitamarhi 2.

Hare Krishna Kumar @ Hare Kashna Kumar Son of Ravindra Kumar @ Rabindra Kumar @ Ravindra Ray Resident of Village - Ranjitpur (Paschimi), Ward No.-8, P.S. - Punaura, Dist. - Sitamarhi ... ... Petitioners

Versus

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

For the Petitioner/s :

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

Mr.Rajendra Nath Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-04-2025 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offence punishable under Section 30a of the Bihar Prohibition and Excise Act.

3. Prosecution case is that 12 liters illicit liquor has been recovered from the bag allegedly thrown by accused persons.

4. Learned counsel appearing for the petitioners submits that no incriminating material has been recovered from the conscious possession of these petitioners and they have falsely been implicated in this case on suspicion. Petitioner no. 1 has got only one criminal antecedent of similar nature, whereas

Patna High Court CR. MISC. No.15011 of 2025(2) dt.07-04-2025 2/2 petitioner no.2 has got two criminal antecedents of similar nature.

5. Since, petitioner no.1 has got one criminal antecedent of similar nature, this pre-arrest bail petition with respect to petitioner no.1 is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner no.1, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Exclusive Special Judge (Excise 01), Purnea in Maranga Police Station Case No. 291 of 2024, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

6. So far as petitioner no.2 is concerned, he has got two criminal antecedents of similar nature, his petition for prearrest bail is dismissed. (Prabhat Kumar Singh, J) shashi/- U T