Om Prakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54528 of 2025 Arising Out of PS. Case No.-47 Year-2025 Thana- Excise Benipatti District- Madhubani ====================================================== Om Prakash S/o- Bindeshwar Das Resident of Atoran Chowk Ward No.5 Bahadurpur Police Station- Sahpur Patori, District-Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nilendu Kumar Choudhary, Advocate For the Opposite Party/s :

Mr. Binod Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in a case registered under Sections 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 14.850 litres of illicit liquor from the scooty of the petitioner. Two persons apprehended on the spot namely, Rahul Kumar and Sahil Kumar.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case being the owner of the seized vehicle. Further submission is that on the alleged date of occurrence, the vehicle in question was taken by the brother-in-law of the petitioner, namely, Rahul Kumar for going to his village since his father was seriously ill and petitioner, in good faith, had given his scooty to his brother-

Patna High Court CR. MISC. No.54528 of 2025(2) dt.19-08-2025 2/2 in-law but without knowledge and consent of the petitioner, his vehicle was being used for transportation of illicit liquor. It is submitted that petitioner has no concern with the seized illicit liquor and nothing has been recovered from the conscious possession of the petitioner. Petitioner has no criminal antecedent and he undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge (Excise Court), Madhubani in connection with Benipatti Excise P.S. Case No. 47 of 2025 (G.R. No. 279 of 2025), subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023.

(Sunil Dutta Mishra, J) utkarsh/- U T