Patna High CourtCR. MISC./11545/2025bail granted

Sandeep Kumar v. The State Of Bihar

2025-02-21Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11545 of 2025 Arising Out of PS. Case No.-254 Year-2024 Thana- RAHIKA District- Madhubani ====================================================== Sandeep Kumar S/O Debu Bhagat R/O vill- Kakraul, P.S.- Rahika, Dist.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumari Pallavi, Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Rahika P.S. Case No. 254 of 2024 instituted for the offences punishable under Sections 30(a), 41(1) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 180 litres of Nepali liquor was recovered from car.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner is neither the owner nor the driver of the vehicle.

Patna High Court CR. MISC. No.11545 of 2025(2) dt.21-02-2025 2/2 The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 15.11.2024 and has no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The coaccused person has already been granted anticipatory bail by this Court vide order dated 14.02.2025 passed in Cr. Misc. No. 9449 of 2025.

5. Learned APP 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, claim based on parity 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 Rahika P.S. Case No. 254 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T