Pintu Kumar @ Pintu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16156 of 2025 Arising Out of PS. Case No.-244 Year-2021 Thana- RAFIGANJ District- Aurangabad ====================================================== Pintu Kumar @ Pintu Yadav Son of Jwala Yadav R/O Village - Achuki, P.S.- Pauthu, District - Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Mukul Kumari, Advocate For the Opposite Party/s :

Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with G.R. No. 1120 of 2021, arising out of Rafiganj P.S. Case No. 244 of 2021, instituted for the offences punishable under Sections 30(a) and 34 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 5295 liters liquor was recovered from truck and scorpio car and there is recovery of one motorcycle which was used for transportation of liquor.

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 no concern with the alleged recovery of liquor. Learned counsel

Patna High Court CR. MISC. No.16156 of 2025(2) dt.02-04-2025 2/2 for the petitioner also submits that the petitioner is neither owner nor driver of any of the seized vehicles in question. The petitioner was not present at the place of occurrence. It is further submitted that name of the petitioner has transpired on the basis of confessional statement made by co-accused persons and the same has got no evidentiary value. The petitioner is in custody since 13.02.2025 and has got one criminal antecedent in which he is on bal. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with G.R. No. 1120 of 2021, arising out of Rafiganj P.S. Case No. 244 of 2021. (Rudra Prakash Mishra, J) Rajorshi/- U T