Patna High CourtCR. MISC./35835/2025bail granted

Kanhaiya Prasad v. The State Of Bihar

2025-06-18Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35835 of 2025 Arising Out of PS. Case No.-215 Year-2025 Thana- ARA NAGAR District- Bhojpur ====================================================== Kanhaiya Prasad S/o Badri Prasad Resident of Village- Gola MohallaMahadeva P.S.- Ara Town, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raju Kumar Singh For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-06-2025

1. Heard the parties.

2. The petitioner apprehends his arrest in connection with Ara Town P.S. Case No. 215 / 2025 dated 25.03.2025 registered under Section 30(a) of the Bihar Prohibition and Excise Act 2022.

3. As per the F.I.R. 360 ml of illicit liquor has allegedly been recovered from the Scooty belonging to the petitioner.

4. Learned counsel for the petitioner submits that petitioner is having no criminal antecedent and has falsely been implicated in this case on the basis of the fact that recovery of small quantity of liquor has been made from the Scooty of the petitioner. The petitioner has parked the Scooty in the market and had gone to purchase some articles in the meanwhile recovery has been made by the police behind the back of the

Patna High Court CR. MISC. No.35835 of 2025(2) dt.18-06-2025 2/2 petitioner.

5. Regard being had to the submission made by the parties, taking into consideration the fact that petitioner has been made accused on the basis of the fact that he is the owner of the Scooty and justification given by the petitioner that he was not present at the time of recovery of liquor from the Scooty which was parked in the market, as such, I am inclined to grant anticipatory bail to the petitioner.

6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Judge Excise Court no. I, Bhojpur at Ara in connection with Ara Town P.S. Case No. 215 / 2025 subject to the condition as laid down under Section 482 (2) of the B.N.S.S. 2023.

(Anil Kumar Sinha, J) praful/- U T