Prakash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67688 of 2025 Arising Out of PS. Case No.-171 Year-2025 Thana- DALMIYA NAGAR SAHAYAK District- Rohtas ====================================================== 1.
Prakash Kumar S/o- Vijay Singh R/o vill-Makrain, Dalmiyanager Dehari, Distt. - Rohtash 2.
Vishnu Singh @ Vishnu Kumar S/o- Dineshwar Singh R/o vill-Makrain, Dalmiyanager Dehari, Distt. - Rohtash ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amresh Kumar Sinha, Adcvocate For the Opposite Party/s :
Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 24-09-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have preferred this application for grant of regular bail in connection with Dalmiyanagar P.S. Case No. 171 of 2025 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the allegation made in the F.I.R., recovery of total 459 liters of wine has been made which is the subject matter of the present case.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.67688 of 2025(2) dt.24-09-2025 2/3 the petitioners are innocent and have falsely been implicated in this case. They have no concern with the alleged recovery or with the place of occurrence. From bare perusal of FIR, it is clearly evident that petitioner no. 1 is said to have fled away with Innova car after seeing the police, but near railway bridge he was apprehended. He was apprehended with empty Innova car, but informant has tried to show that he fled away after dropping the alleged wine. The name of the petitioners have been dragged by informant on denial of being witness. Petitioners are in custody since 08.08.2025.
5. Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioners.
6. Keeping in view the aforesaid facts and considering the period under custody, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No. 1, Rohtas at Sasaram in connection with Dalmiyanagar P.S. Case No. 171 of 2025 subject to the
Patna High Court CR. MISC. No.67688 of 2025(2) dt.24-09-2025 3/3 following conditions :- (i). Petitioners will remain physically present in trial on each and every date till the disposal of the case failing which, on two consecutive dates without reasonable cause, the bail bond of the petitioner may be cancelled by the Trial Court.
(ii). One of the bailor shall be their family member.
(S. B. Pd. Singh, J) Ankit Kumar/- U T