Patna High CourtCR. MISC./88279/2025bail granted

Prem Kumar Sinha v. The State Of Bihar

2025-12-23Mr. Justice Ajit Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88279 of 2025 Arising Out of PS. Case No.-344 Year-2025 Thana- Excise P.S. District- Begusarai ====================================================== Prem Kumar Sinha Son of Rama Shankar Prasad Resident of Diva Colony, Dev Narayan Market, P.S.- Ramkrishna Nagar, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Sinha For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 23-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is seeking bail in connection with Excise P.S. Case No.344 of 2025, dated 05.09.2025 registered for the offences under Sections 30(a), 32(3) and 30(f) of Bihar Prohibition and Excise Act.

3. As per the FIR, on the basis of secret information, the police apprehended the petitioner and recovered 332 liters of illegal codeine syrup from two cars.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case solely on the basis of secret information. No recovery has been made from the petitioner or from his constructive possession, and the petitioner has no connection

Patna High Court CR. MISC. No.88279 of 2025(2) dt.23-12-2025 2/3 with the alleged recovered liquor. It is further submitted that the petitioner was merely a daily-wage driver of the Hyundai car and had no knowledge of the illicit liquor kept therein. It is also submitted that the police have not complied with the provisions relating to search and seizure. The petitioner has been in judicial custody since 06.09.2025. Lastly, it is submitted that the petitioner has no criminal antecedents.

5. Learned APP for the State vehemently opposed the prayer for bail.

6. Regard being had to the submission made by the parties, and taking into consideration the period of judicial custody, this Court is inclined to grant regular bail to the petitioner.

7. Let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge-II, Begusarai/ Successor Court, in connection with Excise P.S. Case No.344 of 2025.

(Ajit Kumar, J) shikha/- U

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