Navin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24346 of 2025 Arising Out of PS. Case No.-96 Year-2025 Thana- Excise P.S. District- Patna ====================================================== Navin Kumar Son of Shri Sanjeet Prasad @ Sanjay Prasad Resident of Mohalla - Baburbanna, Ward No.- 2, P.O.- Sohsarai, P.S.- Rahui, District - Nalanda, Pin Code - 803118.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hira Sharma, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-04-2025 Heard Mr. Hira Sharma, learned counsel for the petitioner and Mr. Choubey Jawahar, learned APP for the State. 2.

The petitioner seeks bail in connection with Excise PS Case No. 96 of 2025 instituted for the offences under Sections 30(a), 32, 41 & 56(b) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that 534.240 liters country made liquor was recovered from Bolero pickup van. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel

Patna High Court CR. MISC. No.24346 of 2025(2) dt.17-04-2025 2/2 for the petitioner submits that the name of the petitioner has surfaced in this case as being driver of the vehicle in qeustion and he was oblivious of the fact that illicit liquor was laden in the vehicle. The petitioner is in custody since 20-01-2025 and has got no criminal antecedent. There is no compliance of Section 103 of the BNSS, 2023.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise PS Case No. 96 of 2025.

(Rudra Prakash Mishra, J) Raj Kishore/- U T