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Patna High CourtCR. MISC./63740/2025bail granted

Prashant Kumar Singh @ Prasant Kumar Singh @ Prasant Kumar v. The State Of Bihar

2025-09-24Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63740 of 2025 Arising Out of PS. Case No.-218 Year-2025 Thana- BIKRAM District- Patna ====================================================== Prashant Kumar Singh @ Prasant Kumar Singh @ Prasant Kumar S/o- Manoj Kumar Singh @ Manoj Kumar @ Manoj Singh Village- Khoraitha PsBikram Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-09-2025 Heard the parties.

2. The petitioner is apprehending his arrest in connection with Bikram P.S. Case No. 218 of 2025 for the offence under sections 30(a) of the Bihar Prohibition and Excise Act lodged on 31.05.2025 by the informant, Sanjay Pal.

3. As per the prosecution story, the Police intercepted a Swift car and there is recovery/seizure of 11.05 liters of beer. The person arrested, Subodh @ Raushan named the petitioner. This led to the FIR.

4. Learned counsel for the petitioner submits that though car belongs to him, that is the reason for implication, nothing has been recovered from his conscious possession, he has no criminal antecedent and he had no knowledge that the

Patna High Court CR. MISC. No.63740 of 2025(2) dt.24-09-2025 2/3 driver was carrying the beer.

5. Learned APP, Mr. Bharat Bhushan opposes the prayer submitting that

6. Taking into account the submissions of the parties as also that the petitioner has no criminal antecedent and nothing has been recovered from his conscious possession, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions.

7. If, however, it is found that contrary to the statement made in paragraph-3, the petitioner has criminal antecedent, the present order shall become infructuous.

8. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Special Judge, Excise, Danapur in connection with Bikram P.S. Case No. 218 of 2025 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date

Patna High Court CR. MISC. No.63740 of 2025(2) dt.24-09-2025 3/3 before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Adnan/- U T