IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14313 of 2025 Arising Out of PS. Case No.-510 Year-2024 Thana- SURSAND District- Sitamarhi ====================================================== Prabhat Kumar Sah @ Prabhat Prasad S/O Bachcha Prasad @ Chandra Kishore Prasad @ Chandeshwar Prasad Resident of Village- Sursand Ward no. 15, P.S- sursand, District- Sitamarhi ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ayush Kumar For the Opposite Party/s : Mr.Bharat Lal ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 3 15-05-2025 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. 3. As per the prosecution case, there is a total recovery of 63 liters of Nepali liquor from an abandoned and dilapidated hut/house behind the house of the petitioner. 4. Learned counsel for the petitioner submits that he is not the owner of the said hut from where the recovery has been made. His name has transpired on suspicion and disclosure made by the local chaukidaar. It has been submitted by the petitioner that Patna High Court CR. MISC. No.14313 of 2025(3) dt.15-05-2025 2/3 the S.H.O. of the concerned Police Station is prejudiced against the petitioner as in an earlier case, show-cause has been issued against him for furnishing information which he had not done and it for this reason, he has implicated the petitioner in the present case also. It is basically because of the criminal antecedent, his name has appeared in the present case. No recovery has been made from the physical and conscious possession of the petitioner. 5. Learned APP for the State opposes the prayer for anticipatory bail application on the ground that the petitioner has 7 criminal antecedent, all of the same nature, in response to which, learned counsel for the petitioner submits that he is on bail in the said cases. 6. Considering the above facts and circumstances, let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-II, Sitamarhi, in connection with Sursand P.S. Case No.510 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482 (2) of the B.N.S.S., 2023 and Patna High Court CR. MISC. No.14313 of 2025(3) dt.15-05-2025 3/3 and subject to the further condition that:- (i) one of the bailors shall be the family member/close relative of the petitioner. (ii) the petitioner would appear every 15 days before the I.O. till the submission of the charge sheet. (iii) the learned Court would, however, verify the criminal antecedent of the petitioner and in case it is found that the petitioner has concealed his criminal antecedent, the Court below shall take step for cancellation of bail bond of the petitioner. However, it is expected that the verification process would be done expeditiously without causing any delay. sharun/- (Soni Shrivastava, J) U T