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2026 DAILYLAW 31944 (PAT)

Prakash Kumar v. The State of Bihar

CR. MISC./3414/2026 · 2026-01-19

R P Mishra

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3414 of 2026 Arising Out of PS. Case No.-462 Year-2025 Thana- SIRDALA District- Nawada ====================================================== Prakash Kumar S/O Late Ramlagan Chauhan R/O Vill. - Purvi Pandui,P.S. - Sitamarhi, Dist.- Nawada ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Deepak Kumar, Advocate For the Opposite Party/s : Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 19-01-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Sirdalla PS Case No. 462 of 2025 instituted for the offences under Section/s 30(a) & 41 of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that 1470 liters liquor was recovered from car and behind the house of co- accused. 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 the conscious possession of the petitioner. The petitioner has got Patna High Court CR. MISC. No.3414 of 2026(2) dt.19-01-2026 2/2 no concern with the alleged recovery of liquor. It is submitted that petitioner has no concern either with the car or with the house in question. The petitioner is in custody since 17.12.2025 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.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sirdalla PS Case No. 462 of 2025. Raj Kishore/- (Rudra Prakash Mishra, J) U T