Subodh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1654 of 2025 Arising Out of PS. Case No.-353 Year-2024 Thana- LAURIA District- West Champaran ====================================================== Subodh Kumar S/O Vindeshwar Ray R/O Vill.- Nirpur Patiyasa, P.SAhiyapur, Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratneshwar Prasad, Advocate For the Opposite Party/s :

Ms.Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Lauriya P.S. case No. 353 of 2024 instituted for the offences under Sections 30(a) and 41(i) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that on secret information the police personnel reached the place of occurrence and recovered 1033.680 liters liquor from pick-up van.

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 is

Patna High Court CR. MISC. No.1654 of 2025(2) dt.17-01-2025 2/3 not named in the F.I.R. and he has been implicated on the basis of disclosure made by one Manish Sah. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that the petitioner is neither driver nor owner of the vehicle in question. The petitioner is in custody since 05.12.2024 and has got seven criminal antecedents. There is no compliance of Section 103 of B.N.S.S., 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 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 after framing of charge, if not already framed on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Lauriya P.S. case No. 353 of 2024 subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.1654 of 2025(2) dt.17-01-2025 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) The petitioner will not hamper the trial or temper with any prosecution evidence. If he is found involved in such incidence, the prosecution shall have liberty to take steps for cancellation of bail granted to the petitioner. (Rudra Prakash Mishra, J) Pankaj/- U T