Uttam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4962 of 2026 Arising Out of PS. Case No.-507 Year-2025 Thana- BHAGWANPUR HAT District- Siwan ====================================================== 1.

Uttam Kumar S/O Late Dharmendra Rai Resident of Village- Mahana, P.S.- Bhagwanpur Hat, District- Siwan 2.

Raja Babu S/O Kritu Ram R/O Vill.- Mathurapur, P.S.- Paru, Dist.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-01-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Bhagwanpur Hat P.S. Case No. 507 of 2025, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 907.002 liters liquor was recovered from truck and both the petitioners were arrested on spot.

4. Learned counsel for the petitioners submits 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.4962 of 2026(2) dt.29-01-2026 2/3 got no concern with the alleged recovery of liquor. Learned counsel for the petitioners also submitted that both the petitioners are not the owner of the vehicle rather petitioner no. 1 is driver and petitioner no. 2 is co-driver of that vehicle and both of them have got no knowledge with regard to the nature of goods loaded in the vehicle in question. The petitioners are in custody since 08.12.2025. Petitioner no. 1 has got three criminal antecedents in which he is on bail and petitioner no. 2 has got no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP 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 petitioner no. 1 be released on bail after framing of charge, if not already framed, as well as petitioner no. 2 be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bhagwanpur Hat P.S. Case No. 507 of 2025, subject to the following conditions;

Patna High Court CR. MISC. No.4962 of 2026(2) dt.29-01-2026 3/3 (I) One of the bailors shall be own/close member of the family of the petitioners.

(II) The petitioners 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 petitioners.

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