Prem Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75476 of 2025 Arising Out of PS. Case No.-255 Year-2025 Thana- PARSA District- Saran ====================================================== Prem Kumar S/O Om Prakash Choudhary @ Om Prakash Chaudhary R/O Village and P.O.- Sri Rampur, P.S.- Bihta, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Saket Kumar, Adv.
For the Opposite Party/s :
Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-11-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Parsa P.S. Case No. 255 of 2025 instituted for the offences under Sections 30(A), 33, 34, 47 of the Bihar Prohibition and Excise Act.
3. As per prosecution case, the police has recovered total 800 liters of illicit spirit from the Tempo.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. Petitioner is the driver of the alleged vehicle. He
Patna High Court CR. MISC. No.75476 of 2025(2) dt.04-11-2025 2/3 further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The accusation against the petitioner is based on his own confessional statement which has got no evidentiary value in the eye of law. The petitioner has no concern with the seized liquor. The petitioner was not aware of the contents of the material loaded in the alleged Tempo. The petitioner has never indulged either in manufacturing or trading of the illicit liquor. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 25.08.2025 without any rhymes or reason.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent,
Patna High Court CR. MISC. No.75476 of 2025(2) dt.04-11-2025 3/3 let the petitioner, abovenamed, 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 Parsa P.S. Case No. 255 of 2025.
(Rudra Prakash Mishra, J) rishi/- U T