Patna High CourtCR. MISC./19714/2025bail granted

Upendar Kumar Dubey v. The State Of Bihar

2025-04-02Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19714 of 2025 Arising Out of PS. Case No.-27 Year-2025 Thana- BUXAR RAIL P.S. District- Bhojpur ====================================================== Upendar Kumar Dubey Son of Late Parshu Ram Dubey Resident of VillageGaudarh, P.S.- Sahpur, Distt.- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiv Prasad Gupta, Advocate For the Opposite Party/s :

Mr. Rajiv Nayan, 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 Buxar G.R.P. P.S. Case No. 27 of 2025, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 81 liters liquor was recovered from food plaza and the petitioner was apprehended on spot.

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.19714 of 2025(2) dt.02-04-2025 2/2 no concern with the alleged recovery of liquor. Learned counsel for the petitioner also submits that the alleged recovery has been made from kitchen of food plaza which is accessible by several staffs of food plaza. It is further submitted that the petitioner is also a staff of the same and not owner of the food plaza. The petitioner is in custody since 14.02.2025 and has got no criminal antecedent. 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 Buxar G.R.P. P.S. Case No. 27 of 2025.

(Rudra Prakash Mishra, J) Rajorshi/- U T