Milan Kumar @ Milan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3711 of 2025 Arising Out of PS. Case No.-496 Year-2024 Thana- PAHARPUR District- East Champaran ====================================================== Milan Kumar @ Milan Kumar Singh S/O Birbahadur Pandey Resident of Village- Bankatwa, P.S- Paharpur, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Ranjan, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Paharpur PS Case No. 496 of 2024 instituted for the offences under Sections 30(a), 41(1) and 52 of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 36.4 litres of foreign liquor was recovered from E-Rickshaw. 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 no concern with the alleged recovery of liquor. It is submitted that e-rickshaw in question does not belong to the petitioner. The petitioner is in custody since 22.11.2024 and has got three

Patna High Court CR. MISC. No.3711 of 2025(2) dt.29-01-2025 2/2 criminal antecedents. There is no compliance of Section 103 of B.N.S.S.

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 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 Paharpur PS Case No. 496 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 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T