Paras Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55737 of 2024 Arising Out of PS. Case No.-176 Year-2024 Thana- SITAMARHI District- Sitamarhi ====================================================== Paras Prasad S/o Late Jamun Prasad R/o Shankar Cinema Road, Jaypal Tola, Ward no. 15, P.S. - Sitamarhi, Distt. - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dwij Raj, Advocate.

For the Opposite Party/s :

Mrs.Sangeeta Sharma, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 31-08-2024 Heard Mr. Dwij Raj, learned counsel appearing on behalf of the petitioner and Mrs. Sangeeta Sharma, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Sitamarhi P.S. Case No. 176 of 2024 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

3. The allegation is of recovery of 9.600 litres of Nepali liquor from the house of one Ajay Kumar.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated in the case. He has no concern either with the seized liquor or trade of liquor in any manner.

5. Learned APP for the State has vehemently opposed

Patna High Court CR. MISC. No.55737 of 2024(2) dt.31-08-2024 2/2 the prayer for grant of pre-arrest bail to the petitioner and submits that due to sale and consumption of illicit liquor, day after day, hooch tragedy occurs and the State Officials of different department appears to have facilitated smuggling and trade of illicit liquor inside the State of Bihar. As such, involvement of the petitioner cannot be ruled out from illicit trade of liquor.

6. Considering the nature of allegation against the petitioner, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Court, Excise-II, Sitamarhi in connection with Sitamarhi P.S. Case No. 176 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) mantreshwar/- U T