Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69698 of 2025 Arising Out of PS. Case No.-264 Year-2025 Thana- PIPRAKOTHI District- East Champaran ====================================================== Prince Kumar S/o Deeplal Yadav @ Diplal Prasad Yadav R/o VillageKajhiya, P.S.- Kotwa, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Advocate Mr. Hemant Ray, Advocate For the Opposite Party/s :

Mrs.Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 25-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Piprakothi P.S. Case No. 264 of 2025 registered for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, on secret information, petitioner and co-accused persons, who were riding a motorcycle were signaled to stop but they tried to run away. They were apprehended and from a sack held by the petitioner and co-accused, recovery of 17.280 litres of foreign liquor was made.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Petitioner has no concern with

Patna High Court CR. MISC. No.69698 of 2025(2) dt.25-09-2025 2/3 the seized motorcycle. Nothing incriminating has been recovered from the person or possession of this petitioner. Petitioner never indulged in trade of illicit liquor. Petitioner was apprehended on suspicion and alleged recovery was fastened upon him. No offence under Section 30(a) of the Bihar Prohibition and Excise Act is made out against the petitioner. Petitioner is in custody since 03.08.2025 who is having clean antecedent.

5. Learned A.P.P. opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the clean antecedent of the petitioner along with his period of custody, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.-1, Motihari, East Champaran/concerned court in connection with Piprakothi P.S. Case No. 264 of 2025, subject to the conditions mentioned in Section 480(3) of the B.N.S.S. and other following conditions:

(i) One of the bailors will be a close

Patna High Court CR. MISC. No.69698 of 2025(2) dt.25-09-2025 3/3 relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T