Prabhat Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56570 of 2025 Arising Out of PS. Case No.-520 Year-2025 Thana- SONEPUR District- Saran ====================================================== Prabhat Kumar S/o Ajay Ray R/o Village- Sabalpur Hartitola, P.S.- Sonpur, District- Chapra (Saran) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Sonepur P.S. Case No. 520 of 2025, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that, 1656.7 liters liquor was recovered from container vehicle, truck, tractor and car.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.56570 of 2025(2) dt.11-08-2025 2/3 present case. No incriminating material have been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that name of the petitioner has surfaced in this case as being owner of the Mahindra Thar. The petitioner has got one criminal antecedent. Learned counsel for the petitioner, therefore, contends that prima-facie no case is made out against the petitioner. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Other co-accused have been granted bail by this Court vide order dated 03-072025, passed in Cr. Misc. No. 41158 of 2025. 5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the rival submissions made by the learned counsel for the parties, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sonepur P.S. Case No. 520 of 2025, subject to the conditions as laid down

Patna High Court CR. MISC. No.56570 of 2025(2) dt.11-08-2025 3/3 under Section 482(2) of the BNSS, 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T