Sarmod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11313 of 2025 Arising Out of PS. Case No.-12 Year-2025 Thana- EXCISE SHERGHATI District- Gaya ====================================================== Sarmod Kumar Son of Bharat Bharti @ Bharat Bhuiyan Village- Kosmahi PS -Hunterganj Dist -Chatra Jharkhand ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Excise (Sherghati) PS Case No. 12 of 2025 instituted for the offences under Sections 30(a) and 32(c) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 370 litres of country made liquor was recovered from two motorcycles.

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.

Patna High Court CR. MISC. No.11313 of 2025(2) dt.24-02-2025 2/2 The petitioner has got no concern with the alleged recovery of liquor. It is submitted that motorcycles in question do not belong to the petitioner. The petitioner is 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 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 Excise (Sherghati) PS Case No. 12 of 2025.

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