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Patna High CourtCR. MISC./73318/2025bail granted

Prem Kumar Rout @ Prem Kumar Raut v. The State Of Bihar

2025-10-15Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73318 of 2025 Arising Out of PS. Case No.-325 Year-2025 Thana- NARPATGANJ District- Araria ====================================================== Prem Kumar Rout @ Prem Kumar Raut S/o Surya Narayan Rout @ Surya Narayan Raut R/o Village- Chanda, Ward No. 1, P.S.- Narpatganj, DistrictAraria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kishore Bharti, Advocate For the State :

Mr.Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 15-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Narpatganj P.S. Case No. 325 of 2025 registered for the alleged offences under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per prosecution case, during checking of vehicle, a car being driven by this petitioner was signaled to stop. The petitioner tried to run away with the car and dashed the car in a house causing injury to a child. On search of the car, recovery of 8.64 litres of foreign liquor and 126 litres of country made Nepali liquor was made.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.73318 of 2025(2) dt.15-10-2025 2/3 petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the person or possession of the petitioner and he has no concern with the seized liquor or the car in question. The petitioner is neither the owner of the vehicle nor the driver. The vehicle was not searched at the place of occurrence but search was made at the police station. The seizure list witnesses are not the resident of the place of occurrence and appears to be stock witnesses. The petitioner is having antecedent of one case of similar nature and he is on bail in the said case. The petitioner is in custody since 01.09.2025.

5. Learned APP 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 period of custody of the petitioner, the petitioner above named is directed to 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-I, Araria concerned Court in connection with Narpatganj P.S. Case No. 325 of 2025, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following conditions :

Patna High Court CR. MISC. No.73318 of 2025(2) dt.15-10-2025 3/3 (i) One of the bailors will be a close 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) DKS/- U T