Jay Prakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63564 of 2025 Arising Out of PS. Case No.-78 Year-2023 Thana- JOGBANI District- Araria ====================================================== Jay Prakash Kumar S/O Rudra Narayan Yadav Resident of Village- Rajgaon, Ward no. 03, P.S- Jadia, District- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 25-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in a case instituted under Sections 30(a)/37(c) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, five accused persons were arrested on the place of occurrence out of whom three accused persons were in inebriated condition and on search, 200 ml illicit liquor was recovered from the seat cover box of Maruti Car.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case being owner of the car in question. Petitioner was not apprehended on the spot. Nothing has been recovered from

Patna High Court CR. MISC. No.63564 of 2025(2) dt.25-09-2025 2/2 conscious possession of the petitioner. Petitioner has no concern with the seized illicit liquor. Co-accused Manish Kumar had asked the car of petitioner for urgent work, which the petitioner had given him in good faith. Petitioner had no knowledge about misuse of the said car by the co-accused, who was apprehended on the spot. Petitioner has clean antecedent and he undertakes to cooperate in the investigation and the trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner 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 learned Court concerned, Araria in connection with Jogbani P.S. Case No.78 of 2023, subject to the conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sunil Dutta Mishra, J) Harish/- U T