Bal Brind Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58832 of 2025 Arising Out of PS. Case No.-175 Year-2021 Thana- PUNPUN District- Patna ====================================================== Bal Brind Prasad S/o Saryug Ram R/o Village- Nurichak Dumri, P.S.- Punpun, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Advocate.

For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 22-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Punpun P.S. Case No.175 of 2021 instituted under Sections 379, 411 & 34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 50 litre country made liquor from the Victa Gold Sumo bearing Registration No. BR-01AP-1707 and one co-accused was apprehended on the spot. It is alleged that the petitioner alongwith another co-accused 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. He further submits that the petitioner is neither owner nor driver of the seized vehicle and he has no concern with the

Patna High Court CR. MISC. No.58832 of 2025(2) dt.22-09-2025 2/2 alleged seized liquor. Learned counsel submits that petitioner is a mechanic of vehicle and the owner of the vehicle falsely alleged that he has given his vehicle to him. He further submits that no incriminating article has been recovered from the conscious possession of petitioner. He further submits that petitioner has got clean 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 Special Judge, Excise-II, Patna/ concerned Court in connection with Punpun P.S. Case No.175 of 2021, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. (Sunil Dutta Mishra, J) Ritik/- U T