Prakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71417 of 2024 Arising Out of PS. Case No.-331 Year-2020 Thana- KUDHNI District- Muzaffarpur ====================================================== Prakash Kumar aged about 35 years, son of Late Chandradev Prasad @ Bachha Babu resident of village Chhajan Paswara, Police Station Kudhani, District Muzaffarpur ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Manoj Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-01-2025 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under Section 30a/41(1) of the Bihar Prohibition and Excise Act.

3. Prosecution case is that 6709.248 liters foreign liquor was recovered from a truck.

4. Learned counsel appearing for the petitioner submits that no incriminating material has been recovered from the conscious possession of the petitioner and he has falsely been implicated in this case on suspicion. Petitioner is neither owner nor driver of the vehicle in question. Petitioner has got three criminal antecedents out of which one case is of the Excise Act. In all the case, petitioner is on bail.

5. Learned counsel for the State as well as the informant oppose the prayer for bail.

Patna High Court CR. MISC. No.71417 of 2024(3) dt.18-01-2025 2/2

6. Considering the facts of the case, this pre-arrest bail petition is allowed. In the event of arrest/surrender within eight weeks from today, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Exclusive Special Judge, Excise Court No.II, Muzaffarpur in Kudhani (Turki OP) Police Station Case No. 331/2020, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T