Prince Kumar @ Dholu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46761 of 2026 Arising out of PS. Case No.-149 Year-2026 Thana- JANTA BAZAR District- Saran ====================================================== Prince Kumar @ Dholu S/o Jitendra Rai R/o vill - Mirjapur, P.S.- Janta Bazar, Distt.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bishwajeet Singh, Advocate For the Opposite Party/s :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 22-07-2026 Heard learned counsel for the petitioner and learned APP for the State

2. The petitioner apprehends his arrest in connection with Janta Bazar P.S. Case No. 149 of 2026 registered under Section 30(a) of Bihar Prohibition and Excise Act.

3. Allegation in the F.I.R is that 145.92 litres of foreign liquor was recovered from the car near Mirzapur-Murarpur Road.

4. It is submitted by learned counsel for the petitioner that the name of the petitioner has transpired on the basis of identification made by the local Chowkidar in torch light as one of the persons who had fled from the scene of occurrence. It is

Patna High Court CR. MISC. No.46761 of 2026(2) dt.22-07-2026 2/3 further submitted that there is no recovery from the physical or conscious possession of the petitioner and the petitioner is not the owner or driver of the said vehicle. It is also submitted that the mandatory provisions of search and seizure have been violated as there is no independent witness to the seizure. It is lastly submitted that the petitioner has no criminal antecedent.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Taking into consideration the aforesaid facts and circumstances of the case and also considering the fact that there is no recovery from the conscious or physical possession of the petitioner, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Janta Bazar P.S. Case No. 149 of 2026 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 concerned where the case is pending/successor Court, subject to

Patna High Court CR. MISC. No.46761 of 2026(2) dt.22-07-2026 3/3 the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023.

(Soni Shrivastava, J) Vikash/- U T