Prakash Lathor v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64103 of 2025 Arising Out of PS. Case No.-219 Year-2025 Thana- TILAUTHU District- Rohtas ====================================================== Prakash Lathor S/o- Awdhesh Lathor Resident of Village- Rakian Bigha PSAmjhor District-Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Siddharth Harsh For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-09-2025 Heard the parties.

2. The petitioner is apprehending his arrest in connection with Tilauthu P.S. Case No. 219/2025 for the offence under Sections Sections 30(a) of the Bihar Prohibition and Excise Amendment Act lodged on 14.08.2025 by the informant, Diwakar Kumar.

3. As per the prosecution story, the Police intercepted one motorcycle and there is recovery/seizure of 2 liters of countrymade Mahua liquor. This led to the FIR.

4. Learned counsel for the petitioner submits that the motorcycle is registered in his name and his brother, Pandit Lathor, has taken his motorcycle who was apprehended along with the liquor. He has no criminal antecedent.

5. Learned APP opposes the prayer submitting that the petitioner owns the motorcycle.

Patna High Court CR. MISC. No.64103 of 2025(2) dt.24-09-2025 2/3

6. Taking into account the submissions of the parties as also the very fact that the petitioner has clean antecedent, 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 Exclusive Special Excise Judge-II, Rohtas at Sasaram in connection with Tilauthu P.S. Case No. 219/2025 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 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;

Patna High Court CR. MISC. No.64103 of 2025(2) dt.24-09-2025 3/3 (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) Saif/- U T