Prabhu Tanti @ Prabhu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42449 of 2025 Arising Out of PS. Case No.-69 Year-2025 Thana- PARBATTA District- Khagaria ====================================================== Prabhu Tanti @ Prabhu Kumar S/o Dipo Sharma@Deepo Tanti Resident of Village Siyadatpur, Agwani Panchhiyari Tola, P.S.- Parbatta, DistrictKhagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aditya Singh, Adv.

Mr. Vidyapati, Adv.

For the Opposite Party/s :

Mr.Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Parbatta PS Case No. 69 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 290.250 liters foreign liquor was recovered from basa.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner was neither apprehended on spot nor anything incriminating has been recovered from his conscious possession.

Patna High Court CR. MISC. No.42449 of 2025(2) dt.01-07-2025 2/3 The petitioner has no concern with the alleged BASA from where the alleged recovery of illicit liquor has been made. The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present anticipatory bail application. The petitioner has no concern with the alleged occurrence or the seized liquor. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case.

5. Learned counsel for the petitioner further submits that the co-accused Prakash Singh has been granted regular bail by this Court vide order dated 16.04.2025 passed in Cr. Misc. No. 22946 of 2025.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

7. Considering the entire facts and circumstances of the case and taking into account the submissions made by the learned counsel for the petitioner, let the petitioner abovenamed, in the event of his arrest or 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Parbatta

Patna High Court CR. MISC. No.42449 of 2025(2) dt.01-07-2025 3/3 PS Case No. 69 of 2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S.

(Rudra Prakash Mishra, J) rishi/- U T