Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70382 of 2025 Arising Out of PS. Case No.-105 Year-2025 Thana- IMADPUR District- Bhojpur ====================================================== 1.

Prince Kumar S/o- Jitendra Singh Resident of Kathiya P.S- Imadpur, DistBhojpur 2.

Prince Kumar S/o- Mantu Kumar Singh R/v- Bajeya Ps- Kachhawa DistRohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar, Advocate Mr. Amish Kumar, Advocate For the Opposite Party/s :

Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 17-11-2025 I.A. No.1 of 2025 had been filed on behalf of the petitioners for grant of provisional bail but the same is not being pressed.

2. Heard learned counsel for the petitioners and learned APP for the State.

3. A prayer for bail has been made on behalf of the petitioners in connection with Imadpur P.S. Case no.105 of 2025 registered under section 317(5) of the B.N.S, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act.

4. As per F.I.R, there is recovery of 300 litres of country made liquor from a car bearing Registration No.BR1AH8312 and a motorcycle bearing BR02U-3121.

Patna High Court CR. MISC. No.70382 of 2025(3) dt.17-11-2025 2/2

5. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the case as no recovery has been made from their possession. They are neither the owner nor the driver either of the alleged vehicle. He further submits that no independent witness is there on the seizure list further indicating violation of mandatory provisions of the B.N.S.S. The petitioners have no criminal antecedent and they are in custody since 29.08.2025.

6. The application for anticipatory bail is opposed by learned A.P.P. for the State.

7. Taking into consideration the above mentioned facts of the case and also considering the fact that no recovery has been made from petitioners' possession, they are in custody since 29.08.2025 coupled with the fact that they have no criminal antecedent, the petitioners are directed to be enlarged on bail in connection with Imadpur P.S. Case no.105 of 2025 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned where the case is pending/successor Court.

(Soni Shrivastava, J) Harsh/- U T