Patna High CourtCR. MISC./67776/2025allowed

Prabhu Kumar v. The State Of Bihar

2025-10-07Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67776 of 2025 Arising Out of PS. Case No.-113 Year-2024 Thana- GHOGHARDIHA District- Madhubani ====================================================== Prabhu Kumar S/O Raghu Sharma R/O Village- Basfora, P.S- Marauna, District- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Bharti For the Opposite Party/s :

Mr. Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 07-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in a case instituted under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 80 litres of illicit country made liquor was recovered from the motorcycle of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case being the owner of the seized motorcycle. Nothing has been recovered from conscious possession of the petitioner. Petitioner has no concern with the seized illicit liquor. The alleged motorcycle was driven by the Sahdev Sharma who was friend of the petitioner who fled from the spot. Petitioner has no

Patna High Court CR. MISC. No.67776 of 2025(2) dt.07-10-2025 2/2 criminal antecedent. Petitioner undertakes to cooperate in the investigation and the trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering 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 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Jhanjharpur, District- Madhubani/learned Court concerned, in connection with Ghoghardiha P.S. Case No. 113 of 2024, G.R. No. 591 of 2024, subject to the conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) Ranjeet/- U T