Himansu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15366 of 2025 Arising Out of PS. Case No.-24 Year-2025 Thana- KURSAILA District- Katihar ====================================================== 1.

Himansu Kumar S/O Mukesh Kumar @ Mukesh Kunwar Resident of Nayagaon, P.S.- Nayagaon, Dist.- Begusarai.

2.

Abhishek Kumar @ Abhishek Kumar Badal S/O Baijnath Sharma Resident of Lahari, P.S.- Alauli, Dist.- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar, Adv.

For the Opposite Party/s :

Mr.Uday Pratap Singh, APP ====================================================== 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 G.R. No. 466 of 2025 arising out of Kursela P.S. Case No. 24 of 2025 dated 23.01.2025 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 71.55 litres of illicit foreign liquor and 66.475 litres illicit foreign liquor were recovered from the two vehicles.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been

Patna High Court CR. MISC. No.15366 of 2025(2) dt.02-04-2025 2/2 implicated in this case. The name of the petitioners was transpired in this case merely on suspicion. The owner of the seized vehicle is Surbjeet Kumar and the petitioners were passengers of the seized vehicle and they have no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioners. The petitioner no. 1 has two criminal antecedents whereas the petitioner no. 2 has no criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 24.01.2025.

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, Katihar in connection with G.R. No. 466/2025 arising out of Kursela P.S. Case No. 24 of 2025.

7. The application stands allowed.

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