Mukesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57813 of 2025 Arising Out of PS. Case No.-164 Year-2024 Thana- BHORE District- Gopalganj ====================================================== Mukesh Prasad Son of Ramchandra Prasad Resident of Village - Gosaisiya, P.S.- Bhore, District - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Javed Aslam, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 15-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Bhore P.S. Case No. 164 of 2024 instituted under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 76.400 liters country made liquor from the house of the coaccused Dharmnath Rajbhar. It is alleged that the petitioner along with other co-accused persons fled away from the spot after seeing the police.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case on the basis of the suspicion. He further submits that the petitioner was neither present on the spot nor he has any

Patna High Court CR. MISC. No.57813 of 2025(2) dt.15-09-2025 2/2 concern with the seized liquor. He submits that the petitioner has no concern with the co-accused Dharmnath Rajbhar. He further submits that 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 aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the concerned Court 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 Addl. District & Sessions Judge-XIII cum Special Excise Court No.1, Gopalganj in connection with Bhore P.S. Case No.164 of 2024, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

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