Binod Prasad @ Binod Bind v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28325 of 2025 Arising Out of PS. Case No.-61 Year-2025 Thana- SISWAN District- Siwan ====================================================== Binod Prasad @ Binod Bind S/o- Bijli Prasad @ Misri Bin, R/o VillageGangpur Siswan, PS. - Siswan, Dist- Siwan. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raghav Prasad, Advocate For the Opposite Party/s :
Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 464.500 litres of illicit liquor has been recovered from a bush at the bank of Sarayu / Ghagra river.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case merely on the basis of suspicion. Petitioner is not arrested from the spot and his name transpired on the basis of information provided by local chowkidar.
Patna High Court CR. MISC. No.28325 of 2025(2) dt.14-05-2025 2/2 Nothing has been recovered from the conscious possession of the petitioner and petitioner has no concern with the alleged recovery. The alleged recovery has been made from an open place accessible to all.
5. Learned APP for the State has opposed the bail petition.
6. Considering the aforesaid facts and circumstances, let the petitioner, above-named, in the event of his arrest / surrender before the learned trial Court within a period of eight weeks from today, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. II, Siwan, in connection with Siswan P.S. Case No. 61 of 2025, subject to the condition as laid down under Section 438(2) of the Cr.P.C. / Section 482(2) of the BNSS, 2023. (Prabhat Kumar Singh, J) Shahnawaz/- U T