Om Prakash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57398 of 2025 Arising Out of PS. Case No.-213 Year-2025 Thana- PARIHAR District- Sitamarhi ====================================================== Om Prakash Kumar S/o Late Brijkishore Ray R/o Village- Bariyarpur, P.S.- Sitamarhi, Dist.- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar, Advocate For the Opposite Party/s :
Mr. Madhura Nand Jha, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 03-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in a case registered under Section 30(a) of Bihar Prohibition and Excise Act.
3. As per the prosecution case, 108 litres of illicit liquor was recovered from a Tempo bearing Reg. No. BR30-PA5834 in which petitioner was driver.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Further submission is that on the alleged date of occurrence, petitioner was only passing through near the vehicle in question from which, illicit liquor was recovered, and on the basis of suspicion, he was arrested. Petitioner is neither the owner nor the driver of the seized vehicle. Petitioner has no
Patna High Court CR. MISC. No.57398 of 2025(2) dt.03-09-2025 2/2 concern with the seized illicit liquor. Nothing has been recovered from the conscious possession of the petitioner. The charge-sheet has been submitted in this case. Petitioner has clean antecedent and there is no chance of his absconding or tampering with the evidence. Petitioner is in custody since 24.06.2025 and he undertakes to cooperate in the trial.
5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.
6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-I, Sitamarhi in connection with Parihar P.S. Case No.213 of 2025.
(Sunil Dutta Mishra, J) utkarsh/- U T