Umesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12749 of 2025 Arising Out of PS. Case No.-5 Year-2025 Thana- CHEWARA District- Sheikhpura ====================================================== Umesh Kumar S/O Dinesh Lal @ Dinesh Prasad R/O Hanuman Nagar, P.S.- Chas, Dist.- Bokaro, Jharkhand. At present R/O Ali Nagar, P.S.- Sekhpura, Dist.- Sekhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Bihari Singh, Advocate For the Opposite Party/s :

Ms. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Chewara PS Case No. 5 of 2025 instituted for the offences under Sections 336, 340(2), 338 of B.N.S. and 30(a), 32 and 41(1) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 564 litres of foreign liquor was recovered from Car. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery

Patna High Court CR. MISC. No.12749 of 2025(2) dt.27-02-2025 2/2 of liquor. It is submitted that petitioner is neither the owner nor the driver of the seized vehicle. The petitioner is in custody since 17.01.2025 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 petitioner. 6.

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.

Let the petitioner 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 Chewara PS Case No. 5 of 2025.

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