Patna High CourtCR. MISC./90167/2025bail granted

Prakash Kumar v. The State Of Bihar

2026-01-19Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90167 of 2025 Arising Out of PS. Case No.-498 Year-2025 Thana- BANIAPUR District- Saran ====================================================== Prakash Kumar S/o Manoj Chaudhary R/o Village- Kanhauli Manohar, P.S.- Baniyapur, District- Saran, Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sauravh Singh, Advocate For the Opposite Party/s :

Mr. Kanhaiya Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Banjariyapur P.S. Case No. 498 of 2025 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 75 litres of liquor has been recovered from cowshed.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner rather the recovery has been made from an open place which is accessible to public at large. The

Patna High Court CR. MISC. No.90167 of 2025(2) dt.19-01-2026 2/2 petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 19.11.2025 and has no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika 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 as also 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 Banjariyapur P.S. Case No. 498 of 2025.

(Rudra Prakash Mishra, J) Alok Verma/- U T