Patna High CourtCR. MISC./43361/2025bail granted

Shatrughan Prasad @ Shatrudhan Prasad v. The State Of Bihar

2025-07-09Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43361 of 2025 Arising Out of PS. Case No.-131 Year-2025 Thana- Excise P.S. District- Rohtas ====================================================== Shatrughan Prasad @ Shatrudhan Prasad Son of Late Murti Prasad VillageKhirodharpur, Ward No. 05, P.S. -Bikramganj, District -Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwari, Advocate For the Opposite Party/s :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Excise Case No. 371 of 2025 arising out of Bikramganj Excise P.S. Case No. 131 of 2025 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 40 litres of liquor has been recovered from orchard.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner rather the recovery has been made from an open place. The petitioner has got no concern with the

Patna High Court CR. MISC. No.43361 of 2025(2) dt.09-07-2025 2/2 alleged recovery of liquor. The petitioner is in custody since 03.06.2025 and has 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 petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise Case No. 371 of 2025 arising out of Bikramganj Excise P.S. Case No. 131 of 2025.

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