IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4646 of 2025 Arising Out of PS. Case No.-203 Year-2025 Thana- ALOULI District- Khagaria ======================================================

Prakash Kumar @ Munna Son of Chandradev Singh R/o Village - Sahsi Ward no. 01, P.S. - Alauli, Dist. - Khagaria.

... ... Appellant/s Versus The State of Bihar ... ... Respondent/s ======================================================

Appearance :

For the Appellant/s : Mr. Shaishav Kumar, Advocate For the Respondent/s : Mr. Satyendra Narayan Singh, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR SINGH ORAL ORDER

3 09-02-2026 1- Heard Mr. Shaishav Kumar, learned counsel for the appellant and Mr. Satyendra Narayan Singh, learned A.P.P. for the State. 2- Admit.

3- Summon the lower Court records in connection with Alauli P.S./Sanha No. 203 of 2025 from the concerned Trial Court.

4-This appeal under Section 89 of the Bihar Prohibition and Excise Act has been preferred by the appellant namely Prakash Kumar @ Munna against the judgment of conviction and order of sentence dated 05.05.2025 passed by the learned Additional District and Sessions Judge-cum-Special Judge, Excise Court No. 1, Khagaria in Alauli P.S./Sanha No. 203 of

2025, under Section 37 of the Bihar Prohibition and Excise Act, District Khagaria, by which the appellant was convicted for the offence under Section 37 of the Bihar Prohibition and Excise Act and was sentenced to undergo simple imprisonment for one year.

5-The appellant has prayed for suspension of his sentence and release on bail during the pendency of this Criminal Appeal before this Court.

6-Brief facts of the case, which are necessary to be stated are that the informant, Randhir Kumar, submitted a Breath Analyzer Report alleging inter alia that on 01.05.2025, the accused, Prakash Kumar @ Munna (appellant) aged about 38 years was apprehended by a duly constituted escort party and was found to be under the influence of alcohol, thereby violating the provisions of the Bihar Prohibition and Excise Act, 2022. It is further alleged that the appellant had earlier been arrested twice in cases of similar nature and in one such instance, he had confessed his guilt in connection with Alauli P.S. Sanha No. 1137 of 2024.

7-It is argued by learned counsel for the appellant that the appellant is innocent and he has been falsely implicated in this case. He was forced to confess his guilt. Impugned judgment and order of conviction and sentence of the appellant is not sustainable in the eyes of the law. It is further submitted that although the breath analyzer report has been submitted by the prosecution but it does not disclose the percentage or concentration of alcohol consumption by the appellant. It is further submitted that no blood sample report or any other corroborative medical evidence has been submitted to substantiate the allegation of liquor consumption, thereby rendering the prosecution case doubtful and unsubstantiated. Lastly, it is submitted that in case appellant is granted bail, he will not misuse the liberty of bail and will co-operate in early hearing of this appeal.

8-Learned A.P.P. for the State opposed the prayer for bail by contending that prosecution has proved it’s case beyond reasonable doubt, hence at this stage presumption of innocence is not available to the appellant.

9-Having heard the learned counsel for the parties and examined the matter in it’s entirety, I find that the record indicates that appellant has been convicted on confession of his guilt. The maximum period of sentence for the alleged offences as awarded to the appellant is up to one year, whereas the appellant is in custody since 05.05.2025. As such, till today he has served incarceration period of nine months four days. Considering the huge pendency of the cases, there is no likelihood for final hearing of this case before completing the entire sentence. There is no material on