Prahlad Jha @ Prahlad Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47255 of 2025 Arising Out of PS. Case No.-126 Year-2025 Thana- RAJNAGAR District- Madhubani ====================================================== Prahlad Jha @ Prahlad Kumar Jha S/o Late Amarkant Jha R/o VillageMangrauni, PS- Rajnagar, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Ranjan, Advocate For the Opposite Party/s :

M/s. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Rajnagar P.S. Case No. 126 of 2025, dated 02.04.2025, lodged under Sections 274, 275 & 3(5) of the Bhartiya Nyaya Sanhita, 2023 (hereinafter referred to as "BNS, 2023"), and Sections 30(a) & 47 of the Bihar Prohibition and Excise (Amendment) Act, 2022, pending before the Court of Exclusive Special Judge Excise Act, Madhubani.

3. As per the prosecution, total recovery of 135 litres of illicit liquor has been made, which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that nothing has been recovered from the possession of

Patna High Court CR. MISC. No.47255 of 2025(2) dt.30-07-2025 2/2 the petitioner. It is also submitted that the petitioner has been made an accused in this case solely on the basis of secret information. Furthermore, it is submitted that the criminal antecedent of the petitioner is not clean, as seven criminal cases are pending against him, and he has been acquitted in one of those cases.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that seven criminal cases are pending against him.

6. In the present facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected.

7. It is directed to the petitioner to surrender before the Trial Court within a period of 6 weeks from today. In case, the petitioner surrenders within six weeks, then the Trial Court is directed to pass order on his surrender-cum-bail application on the same day without being prejudice that the anticipatory bail of the petitioner has been rejected by this Court and the Trial Court shall pass order on the merit of this case. (Dr. Anshuman, J.) Aman Kumar/- U T