Rahul Kumar Pal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19008 of 2025 Arising Out of PS. Case No.-16 Year-2025 Thana- THAWE District- Gopalganj ====================================================== 1.
Rahul Kumar Pal S/O Rabindra Kumar R/O village - Madipur, P.S- Lalganj, District - Baishali 2.
Suraj Kumar S/O Ritesh Kumar R/O village - Madipur, P.S- Lalganj, District - Baishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Baijnath Sah, Adv.
For the Opposite Party/s :
Mr.Binod 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 Thawe P.S. Case No. 16 of 2025 instituted for the offences under Section 30(a) and 41 of the Bihar Prohibition and Excise Act, 2018.
3. As per prosecution case, the police has recovered 250.560 litres of illicit foreign liquor from the car bearing Regd. No.BR01FB8717. Both the petitioners were arrested on spot.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence as alleged against them and have falsely been implicated in the
Patna High Court CR. MISC. No.19008 of 2025(2) dt.28-03-2025 2/3 present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioners. The petitioners are neither owner nor trader of the illicit wine. The owner of the alleged vehicle is one Chandan Kumar. The petitioners were arrested from the vehicle as passengers. The petitioners have no concern with the seized liquor. The petitioners were not aware of the contents of the material loaded in the vehicle, in question. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioners have no criminal antecedent and is languishing in judicial custody since 28.01.2025 without any rhymes or reason.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.
6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioners and the petitioners having no criminal antecedent, let the petitioners, abovenamed, 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
Patna High Court CR. MISC. No.19008 of 2025(2) dt.28-03-2025 3/3 below/concerned Court in connection with Thawe P.S. Case No. 16 of 2025.
(Rudra Prakash Mishra, J) rishi/- U T