Premchand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2646 of 2025 Arising Out of PS. Case No.-377 Year-2024 Thana- GOVINDPUR District- Nawada ====================================================== 1.

Premchand Kumar S/o Shyambabu Singh Resident of village- Mansurpur Dih, P.S.- Khushrupur, District- Patna 2.

Mukesh Kumar S/o Chandrashekhar Yadav R/o Vill.- Sammatpur, P.S.- Salimpur, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Avinash, Advocate For the Opposite Party/s :

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-01-2025 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Govindpur PS Case No. 377 of 2024 instituted for the offences under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 660 litres of country made liquor was recovered from Pick-up vehicle.

4.

Learned counsel for the petitioners submit that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have

Patna High Court CR. MISC. No.2646 of 2025(2) dt.27-01-2025 2/2 got no concern with the alleged recovery of liquor. It is submitted that petitioner no. 1 is the driver and petitioner no. 2 is the co-driver of the vehicle and they have no knowledge regarding the nature of goods booked by the transporter. The petitioners are in custody since 08.12.2024. Petitioner no. 1 has got clean antecedent and petitioner no. 2 has one criminal antecedent. 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 petitioners. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners. 7.

Let the petitioners 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 Govindpur PS Case No. 377 of 2024.

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