Patna High CourtCR. MISC./12217/2025bail granted

Radhay Mohan Kumar v. The State Of Bihar

2025-03-24Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12217 of 2025 Arising Out of PS. Case No.-2705 Year-2024 Thana- Excise P.S. District- Patna ====================================================== Radhay Mohan Kumar Son of Santosh Yadav Resident of MohallaMadhomill, Gariban Toly, Bari Nagla, Ward No.- 71, P.S.- Malasalami, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nagendra Kumar, Adv.

For the Opposite Party/s :

Mr.Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-03-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Excise P.S. Case No. 2705 of 2024 dated 27.11.2024 registered for the offences punishable u/ss 30(a), 56(b), 30(c) and 36 of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 8 litres spirit, wrapper of Royal Stag (2000 pieces), wrapper of Imperial Blue Whiskey (500 pieces), cap (2000 pieces), QR Code (2000 pieces), empty pet bottle (2000 pieces) were recovered from the Tempo.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.12217 of 2025(2) dt.24-03-2025 2/2 that the petitioner is innocent and has falsely been implicated in this case. The petitioner is the driver of the said vehicle but he has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 28.11.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is 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, Patna in connection with Excise P.S. Case No. 2705 of 2024.

7. The application stands allowed.

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