Surendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22662 of 2025 Arising Out of PS. Case No.-849 Year-2024 Thana- Excise P.S. District- Siwan ====================================================== Surendra Prasad S/O Ram Naresh Kohar, Resident of Village- Tadava Parasiya, PS- Darauli, District- Siwan.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 30-04-2025 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner apprehending his arrest in connection with Siwan (Sadar) Excise P.S. Case No. 849 of 2024, registered for the offences punishable under Sections 30(a) and 30(3) of the Bihar Prohibition and Excise Act.

3. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 3.900 litres of IMFL/country made liquor from the vehicle.

4. It is submitted by learned counsel that petitioner implicated with present case only being registered owner of Toyota ETIOS Car bearing no. WB04F3223. It is admitted position that no

Patna High Court CR. MISC. No.22662 of 2025(2) dt.30-04-2025 2/2 recovery was made from the physical possession of the petitioner, who is a man of clean antecedent.

5. Learned APP opposed the prayer of bail.

6. Considering the aforesaid facts and circumstances as recovery of illicit liquor prima facie not appears to be made from the physical possession of this petitioner, accordingly, above named petitioner, in the event of his arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. II, Siwan/concerned Court, where the case is pending in connection with Siwan (Sadar) Excise P.S. Case No. 849 of 2024, subject to the conditions as laid down under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J) veena/- U T