Advait Pratap Mishra @ Adait v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79891 of 2025 Arising Out of PS. Case No.-667 Year-2025 Thana- Excise P.S. District- Kaimur (Bhabua) ====================================================== Advait Pratap Mishra @ Adait Son of Saroj Kumar Swami Resident of Village - Station Road Mohania, Ward No. 09, P.S. - Mohania, District - Kaimur(Bhabua).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Sunil, Adv Mr. Utkarsh Shandilya, Adv Mr. Saharsh Shubham, Adv For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with P.R. No. 667 of 2025 arising out of Prohibition and Excise P.S. Bhabua Case No. 667 of 2025, instituted for the offences punishable under Sections 30(a), 32(i), 32(iii), 41(i), 41(ii) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 268.560 liters liquor was recovered from Car. Petitioner was arrested on spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered

Patna High Court CR. MISC. No.79891 of 2025(2) dt.25-11-2025 2/2 from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for the petitioner submits that petitioner is neither owner nor driver of the seized vehicle. The petitioner is in custody since 24.10.2025 and has got clean antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik 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 and 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 P.R. No. 667 of 2025 arising out of Prohibition and Excise P.S. Bhabua Case No. 667 of 2025.

(Rudra Prakash Mishra, J) krishnakant/- U T