Prince Kumar @ Prince Kumar Ram @ Prince Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70938 of 2025 Arising Out of PS. Case No.-299 Year-2025 Thana- MIRGANJ District- Gopalganj ====================================================== Prince Kumar @ Prince Kumar Ram @ Prince Ram Son of Shambhu Nath Ram Resident of Village - Dudahi, Kusoudhi Tola, P.S.- Mirganj, District - Gopalganj, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Abhilasha Jha For the Opposite Party/s :
Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-10-2025
1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application for grant of anticipatory bail arises out of Mirganj Police Station Case No. 299 of 2025, dated 11.06.2025, disclosing offence punishable under Section 317 (5) of the Bhartiya Nyaya Sanhita, 2023 and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.
3. The prosecution case, as per the First Information Report, is that the police, on secret information that the petitioner, along with others, is standing with illicit liquor for selling the same, reached the place of occurrence and on seeing the police, three persons fled away leaving behind the two motorcycles. On search of the motorcycles, the police
Patna High Court CR. MISC. No.70938 of 2025(2) dt.15-10-2025 2/3 recovered 126 litres of illicit liquor from the plastic bags tied with the motorcycles.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the basis of secret information. She further submits that the petitioner has got no concern with the illicit liquor recovered inasmuch as the illicit liquor has been recovered from the motorcycle, which is not owned by the petitioner. No one has identified the petitioner as the person who was present at the place of occurrence and fled away on seeing the police.
5. Regards being had to the submission advanced on behalf of the parties concerned and taking into consideration the fact that the name of the petitioner transpired in this case on the basis of secret information and the petitioner is not the owner of any of the motorcycles, from which illicit liquor has been recovered by the police, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/-
Patna High Court CR. MISC. No.70938 of 2025(2) dt.15-10-2025 3/3 (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Court No. II, Gopalganj, in connection with Mirganj Police Station Case No. 299 of 2025, subject to the condition laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √