Patna High CourtCR. MISC./64887/2025allowed

Omprakash Prasad v. The State Of Bihar

2025-09-23Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64887 of 2025 Arising Out of PS. Case No.-1084 Year-2025 Thana- Excise P.S. District- East Champaran ====================================================== Omprakash Prasad S/o Kashi Mahto R/o Village- Hirapakad, P.S.- Manuapul, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suraj Kumar Tiwari, Advocate For the Opposite Party/s :

Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 23-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30 (a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. The case of the prosecution is that altogether 69.012 country made liquor was recovered from a Car.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that petitioner is neither the driver nor the owner of the car rather he was passenger of that car. It is further submitted that nothing has been recovered from his conscious possession. Moreover, the petitioner is languishing in judicial custody since 09.07.2025

Patna High Court CR. MISC. No.64887 of 2025(2) dt.23-09-2025 2/2 having no criminal antecedent.

5. Learned APP appearing for the State has opposed the prayer of regular bail.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Excise P.S. Case No. 1084 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court NO. 02, East Champaran, Motihari.

(Ashok Kumar Pandey, J) Jagdish/- U T