Raj Kumar Singh @ Raj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18314 of 2025 Arising Out of PS. Case No.-6 Year-2025 Thana- MAHESHKHUNT District- Khagaria ====================================================== 1.

Raj Kumar Singh @ Raj Kumar S/o Anurup Kumar Singh R/o Vill.- Danidih, P.S.- Poraiya Hatt, Distt.- Godda, State- Jharkhand 2.

Bal Kishore Kumar S/o Shankar Mahto R/o Vill.and P.S.- Hansdiha, Distt.- Dumka, State- Jharkhand ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pradeep Narain Kumar, 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 connection with Mahesh Khunt P.S. Case No. 06 of 2025, instituted for the offences punishable under Sections 30(a), 32(1), 32(2) and 41 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 248.865 liters liquor was recovered from Bolero pick-up vehicle 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

Patna High Court CR. MISC. No.18314 of 2025(2) dt.28-03-2025 2/2 from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. Learned counsel for the petitioners also submits that the petitioners are driver and khalasi of the pick-up vehicle in question and they have got no knowledge regarding the goods loaded in the vehicle. The petitioners are in custody since 10.01.2025 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 Mahesh Khunt P.S. Case No. 06 of 2025.

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