Patna High CourtCR. MISC./6965/2025bail granted

Suraj Kumar v. The State Of Bihar

2025-03-04Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6965 of 2025 Arising Out of PS. Case No.-442 Year-2024 Thana- DHORAIYA District- Banka ====================================================== 1.

Suraj Kumar Son of Bijay Ray @ Vijay Ray village- Dhanuka Tan, (Dhanukatarh), Ps- Barahat, Dist- Banka 2.

Rishidev Kumar son of Hare Ram Ray village- Dhanuka Tan, (Dhanukatarh), Ps- Barahat, Dist- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-03-2025 Heard learned counsel for the petitioners and learned A.P.P for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Special Excise No. 561 of 2024 arising out of Dhoraiya P.S. Case No. 442 of 2024 dated 26.12.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 450 litres of illicit foreign liquor was recovered from the two motorcycles.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners are neither the driver nor

Patna High Court CR. MISC. No.6965 of 2025(2) dt.04-03-2025 2/2 the owner of the said vehicle. The petitioners have no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner no. 1 has no criminal antecedent and the petitioner no. 2 has one criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 27.12.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Banka in connection with Special Excise No. 561 of 2024 arising out of Dhoraiya P.S. Case No. 442 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T