Musaheb Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.587 of 2025 Arising Out of PS. Case No.-248 Year-2024 Thana- Excise P.S. District- Bhojpur ====================================================== 1.

Musaheb Kumar Son of Bhola Rai Village -Terasiya, Ward no 11, PS -Ganga Bridge, Dist- Vaishali 2.

Aditya Kumar son of Bihari Rai Village -Terasiya, Ward no 11, PS -Ganga Bridge, Dist- Vaishali ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhirendra Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-01-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Excise Sadar P.S. Case No. 248 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, the police has recovered total 371.520 liters of illicit foreign liquor of different brands from the XUV Car. The petitioner was arrested on spot.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence as alleged against them and have falsely been implicated in the present case. He further submits that nothing incriminating has

Patna High Court CR. MISC. No.587 of 2025(2) dt.18-01-2025 2/3 been recovered from the conscious possession of the petitioners. The petitioners have no concern with the seized vehicle. The petitioners have also no concern with the recovered liquor. The petitioners were not aware of the contents of the material loaded in the alleged vehicle. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioners have no criminal antecedent and are languishing in judicial custody since 04.12.2024 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioners and the petitioners having no criminal antecedent, let the petitioners, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise Sadar P.S. Case No. 248 of 2024, subject to the following conditions; (i) One of the bailor(s) shall be the own/close family

Patna High Court CR. MISC. No.587 of 2025(2) dt.18-01-2025 3/3 members of the petitioners.

(ii) The petitioners shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, their bail bond shall be liable to be cancelled by the court below.

(Rudra Prakash Mishra, J) rishi/- U T