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Patna High CourtCR. MISC./20742/2025bail granted

Arjun Kumar v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20742 of 2025 Arising Out of PS. Case No.-565 Year-2024 Thana- SUGAULI District- East Champaran ====================================================== 1.

Arjun Kumar Son of Sukhadi Ram Resident of Village - Nariyarwa, P.S.- Turkaulia, District - East Champaran.

2.

Manu Kumar Son of Jyoti Ram Resident of Village - Nariyarwa, P.S.- Turkaulia, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Ranjan, Advocate For the Opposite Party/s :

Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-04-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Sugauli P.S. Case No. 565 of 2024, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 100 liters liquor was recovered from Tiago car and the petitioners were apprehended on spot.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material have been recovered from the conscious possession of the petitioners. The petitioners

Patna High Court CR. MISC. No.20742 of 2025(2) dt.04-04-2025 2/2 have got no concern with the alleged recovery of liquor. Learned counsel for the petitioners also submits that the petitioners are neither owner nor rider of the vehicle in question. The petitioners were not present at the place of occurrence. The petitioners are in custody since 24.12.2024 and have 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 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/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sugauli P.S. Case No. 565 of 2024.

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