Prabhakar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35633 of 2025 Arising Out of PS. Case No.-51 Year-2025 Thana- GAIGHAT District- Muzaffarpur ====================================================== 1.

Prabhakar Thakur S/O Late Arjun Thakur R/O Village-Berua, (ibrahimpur),PS-Gaighat,Distt-Muzaffapur 2.

Randheer Kumar S/O Prabhakar Thakur R/O Village-Berua, (ibrahimpur),PS-Gaighat,Distt-Muzaffapur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratneshwar Prasad, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-06-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in connection with Gaighat P.S. Case No. 51 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 621 litres of liquor was recovered from pickup vehicle.

4. Learned counsel for the petitioners submitted that the petitioners have falsely been implicated in the present case. Learned counsel further submitted that petitioner no. 1 is the owner of the vehicle and petitioner no.2 has been made accused in this case on the disclosure made by the apprehended co-

Patna High Court CR. MISC. No.35633 of 2025(2) dt.20-06-2025 2/2 accused person. No incriminating article has been recovered from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. The petitioners have no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case, let the petitioners above named, in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Gaighat P.S. Case No. 51 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T