IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29085 of 2025 Arising Out of PS. Case No.-327 Year-2024 Thana- SONBERSA District- Sitamarhi ====================================================== Baidynath Prasad @ Baidyanath Prasad S/o Late Braj Bhushan Kumar R/o vill - Parsa khurd, ward no 4, P.O. - Kanhouli sonbarsa, P.S. - kanhouli, Distt.- Sitamarhi ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Raghvendra Kumar For the Opposite Party/s : Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 15-05-2025 Heard the parties. 2. The petitioner apprehends his arrest in connection with Sonebarsa P.S. Case No. 327 of 2024, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 3. Allegedly in course of vehicle checking, the police intercepted three different motorcycles which were coming from Nepal. However, noticing the police party, the riders of the motorcycles succeeded in fleeing away, after leaving their respective motorcycles and from each motorcycles 135 litres of illicit liquor were recovered. 4. Learned Advocate for the petitioner contended that name of the petitioner has been implicated in this case only on Patna High Court CR. MISC. No.29085 of 2025(2) dt.15-05-2025 2/3 account of he being the owner of the motorcycle in question, however the fact is that the motorcycle in question has already been sold to one Ajay Thakur long back in the year 2013 itself through a sale of letter, but only on account of negligence, the name of the registered owner could not be changed in the record of the District Transport Office; hence the police started chasing behind the petitioner. The petitioner though has criminal antecedent but the same is in connection with the Excise Act. The petitioner has neither any connection with the motorcycle in question nor with the illicit wine and he undertakes before this Court that he will fully cooperate in the investigation and the proceeding of the court. 5. On the other hand, learned Advocate for the State vehemently opposed the bail application. 6. Regard being had to the submissions made on behalf of the parties and considering the Letter of Sale, copy of which is placed on record as Anneuxre-P/2, as also the material available on record which does not attract the rigors provided under Section 76(2) of the Bihar Prohibition and Excise Act, 2016, let the petitioner abovenamed be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a Patna High Court CR. MISC. No.29085 of 2025(2) dt.15-05-2025 3/3 copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise I, Sitamarhi in connection with Sonebarsa P.S. Case No. 327 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioner. Anjani/- (Harish Kumar, J) U T