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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22946 of 2025 Arising Out of PS. Case No.-69 Year-2025 Thana- PARBATTA District- Khagaria ====================================================== Prakash Singh @ Gore Singh S/o Late Ram Naresh Singh R/o - Siyadatpur Aguwani Pachhiyari Tola Ward No.13, P.S - Parbatta, District - Khagaria ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anil Kumar Choudhary, Advocate For the Opposite Party/s : Mr. Shailendra Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 16-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Parbatta PS Case No. 69 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 290.250 liters foreign liquor was recovered from basa.
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 from
Patna High Court CR. MISC. No.22946 of 2025(2) dt.16-04-2025 2/3 the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that recovery is made from an open place, which is accessible to one and all. Learned counsel submits that petitioner is implicated merely because the petitioner is the registered owner of the basa land in question. The petitioner is in custody since 27-02-2025 and has got no criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023.
5. Learned A.P.P. 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, clean antecedent of the petitioner 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.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Parbatta PS Case No. 69 of 2025, subject to the following conditions:- (I) One of the bailors shall be own/close member of the family of the petitioner. (II) The petitioner shall appear on each and every date
Patna High Court CR. MISC. No.22946 of 2025(2) dt.16-04-2025 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
Raj Kishore/- (Rudra Prakash Mishra, J) U T