Umesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14740 of 2025 Arising Out of PS. Case No.-31 Year-2025 Thana- Excise P.S. District- Nawada ====================================================== 1.
Umesh Kumar S/o- Late Dwarik Singh R/o- Jargah PS- Jhumri Tilaiya DisttKoderma Jharkhand 2.
Ajay Yadav S/o- Ramlal Yadav R/o- Morima Kurha PS- Jhumri Tilaiya Distt- Koderma Jharkhand ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Niraj Kumar, Adv.
For the Opposite Party/s :
Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-03-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have preferred this application for grant of regular bail in connection with Excise Nawada P.S. Case No. 31 of 2025 dated 17.01.2025 registered for the offences punishable u/ss 30(a) and 47 of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 120 litres of illicit country made liquor was recovered from the motorcycle of the petitioner Umesh Kumar and 160 litres of illicit country made was recovered from the motorcycle of the petitioner Ajay Yadav.
4. Learned counsel for the petitioners has submitted
Patna High Court CR. MISC. No.14740 of 2025(2) dt.28-03-2025 2/2 that the petitioners are innocent and have falsely been implicated in this case. The name of the petitioners was transpired in this case merely on suspicion. The petitioners are not the owner of the said vehicle and they have no knowledge about the aforesaid seized liquor. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 18.01.2025.
5. Learned A.P.P. for the State has opposed the bail petition of the petitioners.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Nawada in connection with Excise Nawada P.S. Case No. 31 of 2025.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T