Patna High CourtCR. MISC./10874/2025bail granted

Subhas Kumar v. The State Of Bihar

2025-03-21Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10874 of 2025 Arising Out of PS. Case No.-2068 Year-2024 Thana- Excise P.S. District- East Champaran ====================================================== 1.

Subhas Kumar son of Late Suraj Mahto Resident of village - Parsauni Wajid Ward no. 10, Ps- Kalyanpur, Dist- East Champaran 2.

Binod Mahto son of Late Den Mahto @ Dev Mahto Resident of village - Parsauni Wajid Ward no. 10, Ps- Kalyanpur, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-03-2025 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 Excise P.S. Case No. 2068 of 2024 dated 03.12.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 110 litres of illicit country-made liquor was recovered from the motorcycle.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioners. The petitioners are not the owner rather the petitioner no.1 is the driver of the said vehicle. The

Patna High Court CR. MISC. No.10874 of 2025(2) dt.21-03-2025 2/2 petitioners are neither the owner nor the driver of the said vehicle. The petitioners have no concern with the alleged vehicle. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 04.12.2024.

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 abovenamed, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran in connection with Excise P.S. Case No. 2068 of 2024.

7. The application stands allowed.

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