Patna High CourtCR. MISC./66504/2025bail granted

Prince Kumar v. The State Of Bihar

2025-09-24Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66504 of 2025 Arising Out of PS. Case No.-67 Year-2025 Thana- KARTAHA District- Vaishali ====================================================== Prince Kumar, aged about 33 years, male, W/o- Late Baccha Singh R/oThegadih PS- Kartaha Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nachiketa Jha For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== 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 Kartahan P.S. Case No. 67 of 2025 dated 25-05-2025, instituted under Sections 238 & 3(5) of the B.N.S. as well as Sections 30(a), 36 and 41(1) of the Bihar Prohibition and Excise Act.

3. The allegation is of recovery of 2082.24 litres of Indian Made Foreign Liquor and 5088 litres of beer from a truck bearing Registration No. WB-11D 1126, which was standing near a petrol pump in front of the shop of Anandi Singh.

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 the petitioner has not been arrested at the spot nor has he been seen around the alleged

Patna High Court CR. MISC. No.66504 of 2025(2) dt.24-09-2025 2/3 place of occurrence. The petitioner has no concern with the said seized illicit liquor and beer. It is emphatically submitted that the seized vehicle does not belong to the petitioner. The petitioner has been made an accused only on the basis of the disclosure made by the spy. The informant does not disclose the source of identification of the petitioner. Lastly, it has been submitted that two criminal cases of similar nature are pending against the petitioner in which he is on bail.

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 Judge, Excise Court No.1-cum-Additional District and Sessions Judge, Vaishali at Hajipur, in Kartahan P.S. Case No. 67 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita 2023 and further (i) that the petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without

Patna High Court CR. MISC. No.66504 of 2025(2) dt.24-09-2025 3/3 sufficient reason, his bail bond shall be cancelled by the court below, (ii) that one of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife, (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse (iv) that if the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail and (v) that the petitioner will appear before the SHO of concerned PS in the first week of each month till the framing of charge in this case.

7. The Court below shall verify the ownership of the truck bearing Registration No. WB-11D 1126 before accepting bail bond. If the petitioner is found to be the owner, he shall not be released on bail, and this order shall be deemed to be rejected.

8. The application stands allowed.

(Khatim Reza, J) shyambihari/- U