Saurav Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8100 of 2025 Arising Out of PS. Case No.-265 Year-2024 Thana- ITARHI District- Buxar ====================================================== 1.

Saurav Singh S/O Sujit Singh Resident of Village and P.S- Bahadurgarh, District- Jhajjar (Hariyana).

2.

Ramesh Kumar Pandit S/O Yogendra Pandit @ Yagendra Pandit Resident of Village and P.S- Bahadurgarh, District- Jhajjar (Hariyana). 3.

Himanshu Kumar S/O Brajesh Dubey Resident of Village and P.SBahadurgarh, District- Jhajjar (Hariyana). 4.

Rustam Ansari S/O Hashim Ansari @ Hasim Ansari R/O Village- Itarhi, P.SItarhi, Distt.- Buxar (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-02-2025 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Itarhi PS Case No. 265 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 72 litres of foreign liquor was recovered from Car.

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.8100 of 2025(2) dt.17-02-2025 2/2 got no concern with the alleged recovery of liquor. It is submitted that petitioners are neither the owner nor the driver of the seized vehicle. The petitioners are in custody since 29.11.2024 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) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Itarhi PS Case No. 265 of 2024.

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