Mantu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17512 of 2025 Arising Out of PS. Case No.-17 Year-2025 Thana- HASAN BAZAR District- Bhojpur ====================================================== 1.

Mantu Kumar S/o Rinku Gond Resident of Village- Itrahi, Police StationSonhan, District- Kaimur at Bhabhua 2.

Prakash Kumar S/o Bhola Ram R/o vill - Radhakhaad, P.s.- Bhagwanpur, Distt.- Kaimur At Bhabhua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar, Advocate For the Opposite Party/s :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-03-2025 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Hasan Bazar PS Case No. 17 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 72 litres of foreign liquor was recovered from Auto.

4.

Learned counsel for the petitioners submit that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is submitted that petitioner no. 1 is the driver and petitioner no. 2

Patna High Court CR. MISC. No.17512 of 2025(2) dt.24-03-2025 2/2 is the co-driver of the seized vehicle and they have no knowledge regarding the nature of goods kept in the vehicle. The petitioners are in custody since 05.02.2025. Petitioner no. 1 has one criminal antecedent in which he is on bail and petitioner no. 2 has no criminal antecedent. There is no compliance of Section 103 of B.N.S.S.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners. 7.

Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Hasan Bazar PS Case No. 17 of 2025.

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