Chilbil @ Dharmvir Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66586 of 2025 Arising Out of PS. Case No.-456 Year-2025 Thana- ARA NAGAR District- Bhojpur ====================================================== Chilbil @ Dharmvir Prasad, male aged about 35 years, Son of Late Kumar Prasad @ Late Kunwar Prasad R/o Village - Tari Mohalla, P.S.- Ara Town, District - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar, Adv.

For the Opposite Party/s :

Ms.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Ara Town P. S. Case No. 456 of 2025 dated 14-07-2025, instituted under Section 30(a) of the Bihar Prohibition and Excise (Amendment )Act, 2018.

3. The allegation is of recovery of 3.180 liters of country-made foreign liquor from a bag in a lane of Tari Mohalla.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. It is further submitted that one of the co-accused, namely Bittu Kumar has been arrested, who disclosed the name

Patna High Court CR. MISC. No.66586 of 2025(2) dt.24-09-2025 2/2 of the petitioner stating that he managed to run away. It is next submitted that the petitioner was not arrested at the spot. No contraband has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the said seized liquor. Lastly, it has been submitted that the petitioner has no criminal antecedents.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge 1, Bhojpur at Ara/ concerned court, in Ara Town P. S. Case No. 456 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita 2023.

7. The application stands allowed.

(Khatim Reza, J) shyambihari/- U