Patna High CourtCR. MISC./60965/2025allowed

Om Prakash Bahadur @ Dubba v. The State Of Bihar

2025-09-24Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60965 of 2025 Arising Out of PS. Case No.-366 Year-2021 Thana- RAXAUL District- East Champaran ====================================================== Om Prakash Bahadur @ Dubba S/o Ranjeet Bahadur Ressident of villSunderpur, ward no. 4, P.S. - Haraiya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prateek Tandon, Advocate For the Opposite Party/s :

Mrs. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Raxaul Haraiya P.S. Case No. 366 of 2021, for the offence registered under Sections 30 (a), 32, 34 and 41 (1) of the Bihar Prohibition & Excise Amendment Act.

3. As per the prosecution case, on a secret information police reached village Sunderpur and recovered total 12 litres of Nepali country made liquor from a sack. It is alleged that the petitioner fled away throwing the said sack.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Petitioner was not apprehended on the spot. He has no concern with the seized liquor. Nothing has been recovered from

Patna High Court CR. MISC. No.60965 of 2025(2) dt.24-09-2025 2/2 the conscious possession of the petitioner. He further submits that there is no independent witness to the seizure list. Petitioner is in jail custody since 29.06.2025, having clean antecedent. Petitioner undertakes to cooperate in the trial of the case.

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 and period of custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1, East Champaran, Motihari, in connection with Raxaul (Haraiya) P.S. Case No. 366 of 2021.

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