Mayank Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7107 of 2025 Arising Out of PS. Case No.-1969 Year-2024 Thana- Excise P.S. District- East Champaran ====================================================== 1.

Mayank Kumar Son of Raju Prasad Jaiswal @ Raju Kumar Jaiswal Resident of village- Naga road ward no 22, ps- raxaul, District -East Champaran 2.

Rupendra Yadav @ Bhutan @ Bhulan son of Late Lagan Yadav villageAhirawa tola, Ward no. 7, Ps- Raxaul, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-02-2025 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Excise PS Case No. 1969 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 144 litres of foreign liquor was recovered from Tempo. 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 got no concern with the alleged recovery of liquor. It is submitted that petitioner no. 1 is the driver and petitioner no. 2

Patna High Court CR. MISC. No.7107 of 2025(2) dt.15-02-2025 2/2 is the passenger and they have no knowledge regarding the nature of goods kept in the vehicle. The petitioners are in custody since 19.11.2024 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) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise PS Case No. 1969 of 2024.

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