Surendra Kumar Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8825 of 2025 Arising Out of PS. Case No.-19 Year-2025 Thana- Excise P.S. District- Nawada ====================================================== 1.

Surendra Kumar Saw S/O Ishawari Saw Resident Of Village- Baliya, P.sRajauli, District- Nawada 2.

Santosh Kumar Mahto S/O Late Munshi Mahto Resident Of Village- , P.sChanpatia, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-02-2025 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Excise PS Case No. 19 of 2025 instituted for the offences under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 77.580 litres of foreign liquor was recovered from Bus. 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 petitioner 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.8825 of 2025(2) dt.18-02-2025 2/2 is the second driver of the said bus and they have no knowledge regarding the nature of goods kept in the vehicle. The petitioners are in custody since 11.01.2025 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) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise PS Case No. 19 of 2025.

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