Pardeshi Mali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20748 of 2025 Arising Out of PS. Case No.-53 Year-2025 Thana- ADAPUR District- East Champaran ====================================================== 1.

Pardeshi Mali Son of Bhuteli Mali Village -Barharwa( Banharwa Bishunpura) PS -Adapur Distt -East Champaran 2.

Chait Mali son of Bhuteli Mali Village -Barharwa( Banharwa Bishunpura) PS -Adapur Distt -East Champaran 3.

Raj Mohan Mali son of Bhuteli Mali Village -Barharwa( Banharwa Bishunpura) PS -Adapur Distt -East Champaran 4.

Chhotelal Mali son of Hemanchal Mali Village -Mahuawa, Ps- Chiraiya, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Parmanand Prasad, 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 Adapur P.S. Case No. 53 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, 50 liters liquor was recovered from motorcycle 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

Patna High Court CR. MISC. No.20748 of 2025(2) dt.04-04-2025 2/2 present case. No incriminating material have been recovered 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 motorcycle belongs to petitioner no. 4 and all the accused persons have been arrested on the basis of suspicion. The petitioners are in custody since 15.02.2025 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 Adapur P.S. Case No. 53 of 2025.

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