Shambhu Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23391 of 2025 Arising Out of PS. Case No.-75 Year-2025 Thana- KHAJEKALA District- Patna ====================================================== Shambhu Prasad S/o Late Ram Charitra Prasad R/o Madhu Bhawan, Padari Ki Haweli, P.S- Khajekala, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanoj Kumar, Advocate.

For the Opposite Party/s :

Mr.Ahmad Ali, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 30-04-2025 Heard Mr. Sanoj Kumar, learned counsel appearing on behalf of the petitioner and Mr. Ahmad Ali, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Khajekala P.S. Case No. 75 of 2025 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the allegation made in the F.I.R., 3 litres of foreign liquor was recovered from Padri ki Haveli, Madhubhawan.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is 76 years old and he has been falsely implicated in the case. He has no concern either with the seized liquor or trade of liquor in any manner. The place of recovery is an open vacant house which does not

Patna High Court CR. MISC. No.23391 of 2025(2) dt.30-04-2025 2/2 belong to the petitioner.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Considering the nature of allegation made against the petitioner and the fact that recovery is from open vacant house which does not belong to the petitioner, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna City in connection with Khajekala P.S. Case No. 75 of 2025, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically lose its force.

8. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T