Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13858 of 2025 Arising Out of PS. Case No.-43 Year-2025 Thana- KANKARBAG District- Patna ====================================================== 1.

Bittu Kumar Son of Diwakar Singh Resident of village - Numar, P.S.- Barhat, District - Jamui. Presently reside at Gali No.- 3, Aazad Path, Chandamari Road, P.S.- Kankarbagh, District - Patna. 2.

Shivam Kumar Son of Indal Singh Resident of Mahadeo Simaria, P.S.- Sikandra, District - Jamui. Presently reside at Gali No.- 3, Aazad Path, Chandamari Road, P.S.- Kankarbagh, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-03-2025 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Kankarbagh PS Case No. 43 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 64.470 litres of foreign liquor was recovered from rented room of the petitioner.

4.

Learned counsel for the petitioners submit that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have

Patna High Court CR. MISC. No.13858 of 2025(2) dt.04-03-2025 2/2 got no concern with the alleged recovery of liquor. It is submitted that recovery is made from the house of one Pramod Pandit. The petitioners are in custody since 14.01.2025 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 petitioners. 6.

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

7.

Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kankarbagh PS Case No. 43 of 2025.

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