Priyanshu Kumar Shrivastava @ Prince v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66319 of 2025 Arising Out of PS. Case No.-396 Year-2025 Thana- DHAKA District- East Champaran ====================================================== Priyanshu Kumar Shrivastava @ Prince, S/o Rakesh Kumar, Resident of Village- Lala Tola Laukhan, P.S.- Ghorasahan, District- East Champaran. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Abhishek Kumar, Advocate For the State :
Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 25-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Dhaka P.S. Case No.396 of 2025, dated19.07.2025, registered for the offences punishable under Sections 317(5) of the B.N.S. and 30(a) of the Bihar Prohibition and Excise Act, 2016.
3. As per allegation, 289.56 liter of illicit liquor has been recovered from two motorcycles and one out of the two motorcycles was confiscated. As per further case of the prosecution, it was the Petitioner who fled away leaving the vehicle laden with contraband.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.66319 of 2025(2) dt.25-09-2025 2/3 case. He further submits that the Petitioner has nothing to do with the alleged offence and there is no cogent material available on record which connect him to the alleged offence. He also submits that neither of the two motorcycles in question belongs to the Petitioner.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.2 of the supplementary affidavit that the petitioner has been made accused in one other case in which he is on bail.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court below, in connection with Dhaka P.S. Case No.396 of 2025, subject to the conditions
Patna High Court CR. MISC. No.66319 of 2025(2) dt.25-09-2025 3/3 as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has criminal antecedents other than the disclosed one, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) Chandan/- U T