Patna High CourtCR. MISC./69788/2025bail granted

Shyam Prasad v. The State Of Bihar

2025-09-24Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69788 of 2025 Arising Out of PS. Case No.-40 Year-2025 Thana- BHANGHA District- West Champaran ====================================================== Shyam Prasad Son of Yamuna Prasad @ Yamuna Sah Resident of village - Pindari, Police Station - Inerwa, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :

Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bhangaha P.S. Case No. 40 of 2025 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 412 litres of liquor has been recovered from jute sac besides a river.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner rather the recovery has been made from an open place which is accessible to public at large. The

Patna High Court CR. MISC. No.69788 of 2025(2) dt.24-09-2025 2/2 petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 22.07.2025 and has four criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bhangaha P.S. Case No. 40 of 2025.

(Rudra Prakash Mishra, J) Alok Verma/- U T