Allowed¶15

Prakash Kumar v. The State of Bihar

Patna HC18 Jan 2025CR. MISC./71417/2024

Case brief

AI extract

What is this about?

Anticipatory bail granted, Patna High Court, CR. MISC. No.71417 of 2024, decided 18-01-2025, Justice Prabhat Kumar Singh; petitioner Prakash Kumar; Bihar Prohibition and Excise Act Section 30a/41(1); foreign liquor 6709.248 litres recovered from truck; Kudhani PS Case No. 331/2020, Muzaffarpur; bail bond Rs. 10,000 with two sureties; Section 438(2) CrPC conditions; Exclusive Special Judge, Excise Court No.II, Muzaffarpur; State opposed; petitioner on bail in prior cases.

What did the court decide?

Pre-arrest (anticipatory) bail: release on bail upon arrest/surrender within eight weeks, on a bail bond of Rs. 10,000 with two sureties of the like amount each, before the Exclusive Special Judge, Excise Court No.II, Muzaffarpur, subject to Section 438(2) CrPC conditions. ¶15

Prakash Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.71417 of 2024

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Arising Out of PS. Case No.-331 Year-2020 Thana- KUDHNI District- Muzaffarpur

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======================================================

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Prakash Kumar aged about 35 years, son of Late Chandradev Prasad @ Bachha Babu resident of village Chhajan Paswara, Police Station Kudhani, District Muzaffarpur ... ... Petitioner

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Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr.Prabhat Kumar Singh, Advocate For the Opposite Party/s : Mr.Manoj Kumar, A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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3 18-01-2025

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Heard learned counsel for the petitioner and the State.

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Petitioner apprehends arrest in a case registered for

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the offence punishable under Section 30a/41(1) of the Bihar Prohibition and Excise Act.

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Prosecution case is that 6709.248 liters foreign liquor was recovered from a truck.

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Learned counsel appearing for the petitioner submits that no incriminating material has been recovered from the conscious possession of the petitioner and he has falsely been implicated in this case on suspicion. Petitioner is neither owner nor driver of the vehicle in question. Petitioner has got three criminal antecedents out of which one case is of the Excise Act. In all the case, petitioner is on bail.

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Learned counsel for the State as well as the informant oppose the prayer for bail.

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Patna High Court CR. MISC. No.71417 of 2024(3) dt.18-01-2025 2/2

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Considering the facts of the case, this pre-arrest bail petition is allowed. In the event of arrest/surrender within eight weeks from today, let the petitioner, above named, 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 the Exclusive Special Judge, Excise Court No.II, Muzaffarpur in Kudhani (Turki OP) Police Station Case No. 331/2020, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

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(Prabhat Kumar Singh, J)

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Shashi

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U T

Prakash Kumar v. The State of Bihar

Case brief

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Prakash Kumar v. The State of Bihar

Case brief

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