Umesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9824 of 2025 Arising Out of PS. Case No.-498 Year-2024 Thana- CHIRAIYA District- East Champaran ====================================================== 1.

Umesh Kumar S/O Bhuteli Mukhiya R/O Village- Hasuaha, P.S- Muffasil Motihari, District- East Champaran.

2.

Awadhesh Kumar @ Awadhesh Mukia S/O Bhaurik Mukhia R/O VillageHasuaha, P.S- Muffasil Motihari, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

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

For the Petitioner/s :

Mr. Pramod Kumar Prasad For the Opposite Party/s :

Mr. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-02-2025 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Chiraiya PS Case No. 498 of 2024 instituted for the offences under Sections 317(5) of B.N.S. and 30(a), 45 and 41(1) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 200 litres of country made liquor was recovered from two motorcycles.

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

Patna High Court CR. MISC. No.9824 of 2025(2) dt.20-02-2025 2/2 the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is submitted that motorcycles in question do not belong to the petitioners. The petitioners are in custody since 10.12.2024 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 Chiraiya PS Case No. 498 of 2024.

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