Subhash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19224 of 2025 Arising Out of PS. Case No.-371 Year-2024 Thana- Excise P.S. District- Khagaria ====================================================== Subhash Kumar S/o- Late Ashok Sharma Village- Dhusmuri Bisanpur, Ward no. 13, P.S. Gangaur, Distt. Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Khagaria Excise PS Case No. 371 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that 60 liters country made liquor, gas cylinder and aluminium utensils were recovered from house of the petitioner.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got

Patna High Court CR. MISC. No.19224 of 2025(2) dt.28-03-2025 2/2 no concern with the alleged recovery of liquor. Petitioner was arrested on the spot. Learned counsel for the petitioner submits that recovery was made from other place, but police has shown that the recovery is made from the house of the petitioner and even if the same is taken on its face value, other family members also resides in the house of the petitioner. The petitioner is in custody since 14-12-2024 and has got no criminal antecedent. There is no compliance of Section 103 of the BNSS, 2023.

5.

Learned A.P.P. 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 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 Khagaria Excise PS Case No. 371 of 2024.

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