Patna High CourtCR. MISC./39378/2025bail granted

Om Prakash Kumar @ Om Prakash Yadav v. The State Of Bihar

2025-07-03Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39378 of 2025 Arising Out of PS. Case No.-374 Year-2024 Thana- GOH District- Aurangabad ====================================================== Om Prakash Kumar @ Om Prakash Yadav Son of Arvind Yadav R/o VillAkauni, P.S Goh ,Distt.- Aurangabad. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar Pandey, Advocate For the Opposite Party/s :

Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-07-2025 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, 12 litres of illicit country made liquor has been recovered from the seized vehicle.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case merely on the basis of suspicion. Nothing incriminating has been recovered from the conscious possession of the petitioner. Name of petitioner transpired in the present case on the basis of disclosure made the local chowkidar. Petitioner has no concern

Patna High Court CR. MISC. No.39378 of 2025(2) dt.03-07-2025 2/2 with the alleged recovery. Petitioner has got one criminal antecedent of similar nature in which he is on bail as mentioned in paragraph no. 3 of the bail petition. Petitioner is not the owner of the seized vehicle in question.

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 Special Judge Excise-II, Aurangabad, in connection with Goh P.S. Case No. 374 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C. / Section 482(2) of the B.N.S.S., 2023.

(Prabhat Kumar Singh, J) Shahnawaz/- U T