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Patna High CourtCR. MISC./20967/2025bail granted

Prince Kumar Pandey v. The State Of Bihar

2025-04-23Mr. Justice Chandra Shekhar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20967 of 2025 Arising Out of PS. Case No.-31 Year-2025 Thana- SHIVSAGAR District- Rohtas ====================================================== Prince Kumar Pandey S/O Ashok Pandey Resident of Village- Bhadrashila, Police Station- Shivsagar, District- Rohtas at Sasaram. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghunandan Kumar Singh For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 23-04-2025 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner is named in the F.I.R. and apprehended his arrest in connection with Shivsagar P.S. Case No. 31 of 2025 registered for the offences punishable under Sections 30 (a) of the Bihar Prohibition and Excise Act.

3. The allegation against the petitioner is to be engage in illegal trading/manufacturing of illicit liquor, where, there is recovery of 12.095 litres of IMFL/country made liquor.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.20967 of 2025(2) dt.23-04-2025 2/3 petitioner submitted that the name of petitioner transpired in the present case only being owner of the motorcycle bearing reg. no. BR 24 U 6875, which was provided to Tej Narayan out of good faith, but found misused for carrying illicit liquor. It is submitted that illicit liquor not appears to be recovered from the conscious physical possession of petitioner, who is a man of clean antecedent.

5. Learned APP appearing on behalf of the State, opposes the prayer for anticipatory bail.

6. In view of the facts and circumstances and by taking note of the fact as implication of petitioner appears only being owner of the motorcycle negating, prima-facie recovery of illicit liquor from his conscious physical possession, who is a man of clean antecedent, accordingly the petitioner above named, in the event of his arrest or surrender before the learned Trial Court within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court No. 2 cum

Patna High Court CR. MISC. No.20967 of 2025(2) dt.23-04-2025 3/3 District and Additional Sessions Judge, Rohtas at Sasaram/concerned Trial Court where the case is pending in connection with Shivsagar P.S. Case No. 31 of 2025 subject to the conditions as laid down under Section 438(2) of the Cr.P.C./Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J.) S.Tripathi/- U T