Patna High CourtCR. MISC./22675/2025bail granted

Kunal Kumar v. The State Of Bihar

2025-04-16Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22675 of 2025 Arising Out of PS. Case No.-39 Year-2025 Thana- Excise P.S. District- Bhojpur ====================================================== 1.

Kunal Kumar S/o- Rajnandan Rai Resident of village- Sahpur Ward no 06 PS- Sahpur Dist- Patna 2.

Ravindra Ram S/o- Jugal Ram Village- Dihpakari W.No-3, Ps- Amnaur DistChapra at Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-04-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in Bhojpur Excise Sadar P.S. case No. 39 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 95.040 liters liquor was recovered from the car and the petitioners were arrested 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 has been recovered from the conscious possession of the petitioners. The petitioners

Patna High Court CR. MISC. No.22675 of 2025(2) dt.16-04-2025 2/2 have got no concern with the alleged recovery of liquor. It is further submitted that petitioner No. 1 is the driver and petitioner No. 2 is khalashi of the car. The said car runs as taxi and the petitioners have no knowledge regarding the nature of goods kept in the vehicle. The petitioners are in custody since 21.02.2025 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 antecedents 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 Bhojpur Excise Sadar P.S. case No. 39 of 2025.

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