Kavi Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22100 of 2025 Arising Out of PS. Case No.-32 Year-2025 Thana- EXCISE SHERGHATI District- Gaya ====================================================== Kavi Kumar S/O Premchand Yadav @ Premchandra Yadav Resident of Village- Matagadha , P.S- Mohanpur, District- Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anand Vardhan, Advocate For the Opposite Party/s :
Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Sherghati Excise PS Case No. 32 of 2025 instituted for the offences under Sections 30(a) & 32(c) of the Bihar Prohibition and Excise Act.
3.
The prosecution case, in short, is that 91.89 liters foreign liquor was recovered from motorcycle. 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. Petitioner is not
Patna High Court CR. MISC. No.22100 of 2025(2) dt.09-04-2025 2/2 the owner of the motorcycle in question, but he was riding the same and he was oblivious of the fact that illicit liquor was laden in the vehicle. The petitioner is in custody since 30-01-2025 and has got one 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 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 Sherghati Excise PS Case No. 32 of 2025.
(Rudra Prakash Mishra, J) Raj Kishore/- U T