Kamindra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5041 of 2025 Arising Out of PS. Case No.-1344 Year-2024 Thana- Excise P.S. District- Jamui ====================================================== 1.

Kamindra Kumar Son of Late Lakhan Sahani Resident of Village - Gandhi Road Haldi Pati, P.S. - Dhansar, District - Dhanbad (Jharkhand) 2.

Nirmal Kumar Rajak Son of Ramchandra Rajak Resident of Village - Gandhi Road Haldi Pati, P.S. - Dhansar, District - Dhanbad (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sachin Kumar, Advocate For the Opposite Party/s :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-02-2025 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Jamui PS Case No. JAM 1344 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 198.75 litres of foreign liquor was recovered from tempo and motorcycle.

4.

Learned counsel for the petitioners submit that the petitioners are innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is

Patna High Court CR. MISC. No.5041 of 2025(2) dt.05-02-2025 2/2 submitted that seized vehicles in question do not belong to the petitioners. The petitioners are in custody since 19.12.2024 and has got no 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, clean antecedent of the petitioners 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 Jamui PS Case No. JAM 1344 of 2024.

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