Kishan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14020 of 2025 Arising Out of PS. Case No.-13 Year-2025 Thana- RAJAON District- Banka ====================================================== Kishan Kumar Son of Late Ashwani Kumar Ray Resident of Sarairanjan, P.S.-Sarairanjan District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dipak Kumar, Adv.

For the Opposite Party/s :

Mr.Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Special Excise Case No. 06 of 2025 arising out of Rajoun (Nawada O.P.) P.S. Case No. 13 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per prosecution case, the police has recovered total 492.84 liters of illicit foreign liquor from the pick-up vehicle. The petitioner was arrested on the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as

Patna High Court CR. MISC. No.14020 of 2025(2) dt.07-03-2025 2/3 alleged against him and has falsely been implicated in the present case. The petitioner is alleged to the driver of the vehicle, in question, and had no knowledge of the illicit liquor being loaded on the alleged vehicle. The petitioner is not the owner of the vehicle. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovered wine. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 07.01.2025 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on

Patna High Court CR. MISC. No.14020 of 2025(2) dt.07-03-2025 3/3 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 Special Excise Case No. 06 of 2025 arising out of Rajoun (Nawada O.P.) P.S. Case No. 13 of 2025.

(Rudra Prakash Mishra, J) rishi/- U T