Prem Kumar @ Premchand Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26704 of 2025 Arising Out of PS. Case No.-62 Year-2025 Thana- GOH District- Aurangabad ====================================================== Prem Kumar @ Premchand Das S/O Vijay Kumar Das @ Vijay Das R/O Village- Tulasi Bigha, P.S- Goh, Distt.- Aurangabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Avanish Kumar Singh, Advocate For the Opposite Party/s :
Mr. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Goh P.S. Case No. 62 of 2025 dated 22.02.2025, instituted for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. The allegation is of recovery of 41.3 litres foreign liquor from the mustard field of Pandit Ji of Budhai situated in front of the house of the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that nothing has been recovered either from the conscious possession or from the house of the petitioner rather the said illicit liquor has been recovered from
Patna High Court CR. MISC. No.26704 of 2025(2) dt.07-05-2025 2/3 the mustard field of Pandit Ji of Budhai which is an open place and accessible to all. Lastly, it has been submitted that petitioner has one criminal case against him.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Goh P.S. Case No. 62 of 2025, he/they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise- 2, Aurangabad, subject to condition as laid down under Section 482(2) of the B.N.S.S., 2023 as also to the following conditions:-
1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.
3. The bailor shall also state on affidavit that he will
Patna High Court CR. MISC. No.26704 of 2025(2) dt.07-05-2025 3/3 inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.
4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Khatim Reza, J) Sankalp/- U T