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Patna High CourtCR. MISC./29749/2025allowed

Prince Kumar @ Basant v. The State Of Bihar

2025-05-14Mr. Justice Alok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29749 of 2025 Arising Out of PS. Case No.-87 Year-2025 Thana- Daudnagar Excise District- Aurangabad ====================================================== Prince Kumar @ Basant S/o Suresh Singh R/o Village- Jageya, P.S.- Obra, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamlendra Prasad Singh For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 14-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Daudnagar P.S. Case No. 87 of 2025 registered for the offences punishable under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Amendment Act, 2018.

3. As per prosecution case, 10.080 foreign liquor was recovered from the house of the petitioner and 60.300 litre illicit liquor was recovered from thatched house of the petitioner. Umesh Singh disclosed the name of petitioner and other who fled away from the place of occurrence.

Patna High Court CR. MISC. No.29749 of 2025(2) dt.14-05-2025 2/3

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Petitioner bears criminal antecedent of two cases in which he is already on bail. Nothing has been recovered from the conscious possession of the petitioner. Petitioner is not found at the place of occurrence. Learned counsel orally submits that place of recovery is joint house property and there is dispute between petitioner and his uncle, Umesh Singh, and account of said dispute, petitioner has falsely been implicated in the case by his uncle.

5. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction

Patna High Court CR. MISC. No.29749 of 2025(2) dt.14-05-2025 3/3 of learned Special Judge Excise-II, Aurangabad, Bihar in connection with Daudnagar P.S. Case No. 87 of 2025, subject to the conditions as laid down under Section 482(2) of B.N.S.S.

(Alok Kumar Pandey, J) vashudha/- U T