Punanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18349 of 2025 Arising Out of PS. Case No.-18 Year-2025 Thana- Excise P.S. District- Saran ====================================================== 1.

Punanjay Kumar S/O Harender Manjhi R/O village - Hansrajpur, P.S.- Baniyapur, District - Saran 2.

Vishal Kumar S/O Pundeo Manjhi R/O village - Hansrajpur, P.S.- Baniyapur, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-03-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in Sadar Excise P.S. case No. 18 of 2025 instituted for the offences under Sections 30(a) and 32(C) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 35 liters liquor was recovered out of which 21 liters liquor was recovered from scooty.

4. Learned counsel for the petitioners submits 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

Patna High Court CR. MISC. No.18349 of 2025(2) dt.28-03-2025 2/2 have got no concern with the alleged recovery of liquor. It is further submitted that scooty in question does not belong to the petitioners. The petitioners were never indulged in dealing with illegal liquor. The petitioners are in custody since 29.01.2025 and have got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023.

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, clean antecedent of the petitioners 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 Sadar Excise P.S. case No. 18 of 2025.

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