Upendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15482 of 2025 Arising Out of PS. Case No.-31 Year-2025 Thana- Excise P.S. District- Nawada ====================================================== 1.

Upendra Kumar S/O Late Sukhi Singh Resident of Village- Gaghandhi Ward No.- 1, P.S- Jhumri Tilaiya, District- Koderma (Jharkhand). 2.

Dharmendra Kumar S/O Dhanraj Singh R/O Village- Ambakola, P.S- Jhumri Tilaiya, Dist.- Koderma (Jharkhand).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-04-2025 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 no.1 (Upendra Kumar) and 100 litres of illicit country made was recovered from the motorcycle of the petitioner no.2

Patna High Court CR. MISC. No.15482 of 2025(2) dt.02-04-2025 2/3 (Dharmendra Kumar).

4. Learned counsel for the petitioners has submitted 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 petitioner no.2 is the owner of one of the motorcycles rather the petitioner no.1 has no concern with the seized motorcycles. The petitioners have no concern with the alleged recovery. 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. The co-accused persons have been granted regular bail by this Court vide order dated 28.03.2025 passed in Cr. Misc. No. 14740 of 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

Patna High Court CR. MISC. No.15482 of 2025(2) dt.02-04-2025 3/3 Nawada P.S. Case No. 31 of 2025.

7. The application stands allowed.

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