Patna High CourtCR. MISC./54454/2025bail granted

Prakash Kumar Das @ Prakash Kumar v. The State Of Bihar

2025-08-13Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54454 of 2025 Arising Out of PS. Case No.-142 Year-2025 Thana- Sahayak Khajanchi District- Purnia ====================================================== Prakash Kumar Das @ Prakash Kumar S/o Nageshwar Das R/o vill- Chhath Pokhar Tatma Toli, ward no. 26, Thana - Sahayak Khazanchi, Dsitrict -Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Sahayak Khazanchi P.S. case No. 142 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 55.575 liters liquor was recovered from Auto.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that the name of the petitioner has transpired

Patna High Court CR. MISC. No.54454 of 2025(2) dt.13-08-2025 2/3 on the basis of disclosure made by apprehended co-accused. Except the confessional statement, there is nothing adverse against the petitioner. The petitioner is not registered owner of the Auto in question. The petitioner is in custody since 01.07.2025 and has got four criminal antecedents. There is no compliance of Section 103 of B.N.S.S., 2023.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. The petitioner bears four criminal antecedents and, therefore, he does not deserve privilege of bail.

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.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sahayak Khazanchi P.S. case No. 142 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.54454 of 2025(2) dt.13-08-2025 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

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