Mahesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56880 of 2025 Arising Out of PS. Case No.-71 Year-2025 Thana- AWTARNAGAR District- Saran ====================================================== Mahesh Prasad S/o Late Laxman Prasad R/o Village- Kranwari Patti, Aami, P.S.- Awatar Nagar, Distt- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 08-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Awtar Nagar P.S. Case No. 71 of 2025, instituted under Section 30(a) of the Bihar Prohibition & Excise Act.

3. There is recovery of 60 litre country made liquor from a motorcycle bearing Registration No. BR-04AK-2742.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Petitioner is not named in the F.I.R. Nothing has been recovered from the conscious possession of the petitioner. He has no concern with the seized liquor. The concerned motorcycle is in the name of his son. Petitioner is an old person aged about 70 years and retired from the Bank. He has no criminal antecedent. He undertakes to

Patna High Court CR. MISC. No.56880 of 2025(2) dt.08-09-2025 2/2 co-operate 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 submission 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 bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise -1, Saran at Chapra in connection with Awtarnagar P.S. Case No. 71 of 2025, subject to the conditions laid down in Section 482 (2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023. (Sunil Dutta Mishra, J) rakhi/- U T