Sagar Kumar @ Sagar Rajbanshi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6709 of 2025 Arising Out of PS. Case No.-461 Year-2024 Thana- SIRDALA District- Nawada ====================================================== Sagar Kumar @ Sagar Rajbanshi Son of Sanjeevan Rajbanshi Resident of Village- Rajan, P.S.- Sirdalla, District- Nawada, Pin No.- 805127 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mithlesh Prashad Singh, Advocate For the Opposite Party/s :
Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-02-2025 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Sirdala PS Case No. 461 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 250 litres of country made liquor was recovered from two motorcycles.
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 motorcycles in question do not belong to the petitioner. The
Patna High Court CR. MISC. No.6709 of 2025(2) dt.13-02-2025 2/2 petitioner is in custody since 17.12.2024 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 petitioner. 6.
Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner 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) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sirdala PS Case No. 461 of 2024.
(Rudra Prakash Mishra, J) Raj Ranjan/- U T